United Nations Universal Periodic Review
Mid Term Report
of the United Kingdom of Great Britain and
Northern Ireland, and the British Overseas
Territories, and Crown Dependencies
(2014)
United Nations Universal Periodic Review
Mid Term Report (2014)
Contents
List of abbreviations ...................................................................................................... 4
Introduction .................................................................................................................... 6
Summary of the outcome of the engagement process with the National Human Rights
Institutions and with civil society organisations ............................................................ 6
Overview of the update on progress on the recommendations ...................................... 7
Annex – Response to the recommendations .................................................................. 9
110.1 (ICCPR-OP1 ratification) ................................................................................ 9
110.2 (ICCPR and CAT - British Overseas Territories) .......................................... 10
110.3 (CAT extraterritoriality)................................................................................. 11
110.4 (reservations).................................................................................................. 11
110.5 (OP-CRC-COM ratification) ......................................................................... 12
110.6 (OP-CRC-AC interpretation) ......................................................................... 12
110.7 (CRC reservations)......................................................................................... 16
110.8 (OP-CRC-AC interpretation) ......................................................................... 16
110.9 (CRC incorporation) ...................................................................................... 17
110.10 (CRC implementation) ................................................................................. 19
110.11 (ICERD interpretation) ................................................................................ 20
110.12 (ICERD interpretation) ................................................................................ 21
110.13 (CEDAW reservations) ................................................................................ 21
110.14 (ICRMW ratification) .................................................................................. 22
110.15 (ICRMW ratification) .................................................................................. 23
110.16 (ICRMW and ILO 143 ratification) ............................................................. 23
110.17 (ICRMW ratification) .................................................................................. 24
110.18 (ICRMW ratification) .................................................................................. 24
110.19 (ICRMW ratification) .................................................................................. 24
110.20 (CPED ratification) ...................................................................................... 25
110.21 (CPED ratification) ...................................................................................... 27
110.22 (CPED ratification) ...................................................................................... 27
110.23 (CPED ratification) ...................................................................................... 27
110.24 (CPED ratification) ...................................................................................... 27
110.25 (CPED ratification) ...................................................................................... 27
110.26 (CPED, ICCPR-OP1 and ICESCR-OP ratification) .................................... 28
110.27 (ILO 189 ratification) ................................................................................... 28
110.28 (ILO 189 and ICRMW ratification) ............................................................. 29
110.29 (Istanbul Convention ratification) ................................................................ 29
110.30 (CRPD reservations) .................................................................................... 30
110.31 (CRPD reservations) .................................................................................... 30
110.32 (human rights protection) ............................................................................. 31
110.33 (detention by the armed forces) ................................................................... 32
110.34 (children in conflict) .................................................................................... 33
110.35 (export controls) ........................................................................................... 33
110.36 (NHRIs and Commissioners independence) ................................................ 34
110.37 (EHRC independence) ................................................................................. 36
1
110.38 (Children’s Commissioner for England) ...................................................... 37
110.39 (equality) ...................................................................................................... 37
110.40 (gender equality) .......................................................................................... 38
110.41 (child poverty) .............................................................................................. 42
110.42 (welfare, rights) ............................................................................................ 45
110.43 (multiculturalism) ........................................................................................ 48
110.44 (human rights protection) ............................................................................. 52
110.45 (human rights protection – British Overseas Territories) ............................ 53
110.46 (monitoring the implementation of UN recommendations, human rights
action plan)............................................................................................................... 54
110.47 (response rate to Human Rights Council special procedures) ..................... 55
110.48 (ECtHR judgments implementation, EU accession to the ECHR) .............. 56
110.49 (equality and non-discrimination) ................................................................ 58
110.50 (equality and non-discrimination) ................................................................ 62
110.51 (non-discrimination and combating VAWG) .............................................. 63
110.52 (gender equality) .......................................................................................... 68
110.53 (non-discrimination) .................................................................................... 68
110.54 (“stop and search”) ....................................................................................... 71
110.55 (“stop and search”) ....................................................................................... 72
110.56 (“stop and search”) ....................................................................................... 72
110.57 (“stop and search”) ....................................................................................... 73
110.58 (anti-terrorism measures) ............................................................................. 73
110.59 (combating racial discrimination) ................................................................ 74
110.60 (monitoring hate crime) ............................................................................... 77
110.61 (combating caste discrimination) ................................................................. 78
110.62 (addressing the gender pay gap) .................................................................. 79
110.63 (addressing the gender pay gap) .................................................................. 81
110.64 (addressing the gender pay gap) .................................................................. 82
110.65 (addressing the gender pay gap) .................................................................. 82
110.66 (combating discrimination) .......................................................................... 82
110.67 (investigating allegations against the UK Armed Forces) ........................... 85
110.68 (investigating allegations against the UK Armed Forces) ........................... 88
110.69 (combating VAWG)..................................................................................... 88
110.70 (combating VAWG)..................................................................................... 90
110.71 (combating VAWG)..................................................................................... 90
110.72 (combating human trafficking) .................................................................... 90
110.73 (combating human trafficking) .................................................................... 95
110.74 (combating human trafficking, and Istanbul Convention ratification) ........ 95
110.75 (combating human trafficking) .................................................................... 97
110.76 (combating human trafficking) .................................................................... 97
110.77 (abortion legislation in Northern Ireland) .................................................... 99
110.78 (corporal punishment of children) ............................................................. 100
110.79 (corporal punishment of children) ............................................................. 102
110.80 (corporal punishment of children) ............................................................. 103
110.81 (pre-trial detention) .................................................................................... 103
110.82 (legal advice whilst in detention) ............................................................... 105
110.83 (closed material procedures) ...................................................................... 107
110.84 (Detainee Inquiry) ...................................................................................... 109
110.85 (ICRC access to prisons) ............................................................................ 111
110.86 (reducing prison overcrowding) ................................................................. 111
2
110.87 (reducing prison overcrowding, and alternative sentencing for young
offenders) ............................................................................................................... 113
110.88 (Bangkok Rules incorporation) .................................................................. 116
110.89 (reintegration of offenders) ........................................................................ 118
110.90 (combating discrimination) ........................................................................ 120
110.91 (monitoring hate crime) ............................................................................. 122
110.92 (Northern Ireland Historical Enquiries Team) ........................................... 124
110.93 (investigating the death of an Angolan national) ....................................... 125
110.94 (minimum age of criminal responsibility, and detention of young offenders)
................................................................................................................................ 126
110.95 (minimum age of criminal responsibility) ................................................. 127
110.96 (detention of primary carers) ..................................................................... 127
110.97 (Leveson Inquiry)....................................................................................... 129
110.98 (combating privacy breaches) .................................................................... 130
110.99 (combating forced marriages) .................................................................... 131
110.100 (defamation legislation) ........................................................................... 132
110.101 (welfare reforms) ..................................................................................... 133
110.102 (addressing inequalities) .......................................................................... 135
110.103 (enjoyment of economic, social and cultural rights) ................................ 136
110.104 (access to safe drinking water and sanitation) ......................................... 138
110.105 (access to safe drinking water) ................................................................. 139
110.106 (equality in education) ............................................................................. 139
110.107 (rights of migrant workers) ...................................................................... 145
110.108 (rights of migrant workers) ...................................................................... 147
110.109 (Overseas Domestic Worker Visa) .......................................................... 147
110.110 (rights of migrant workers) ...................................................................... 148
110.111 (detention of migrants) ............................................................................. 148
110.112 (detention of migrants) ............................................................................. 150
110.113 (detention of migrants) ............................................................................. 150
110.114 (detention of migrants) ............................................................................. 151
110.115 (detention of asylum seekers) .................................................................. 151
110.116 (protection of minorities) ......................................................................... 152
110.117 (Roma and Travellers) ............................................................................. 153
110.118 (anti-terrorism measures) ......................................................................... 155
110.119 (anti-terrorism measures) ......................................................................... 155
110.120 (anti-terrorism measures) ......................................................................... 156
110.121 (anti-terrorism measures) ......................................................................... 157
110.122 (diplomatic assurances) ............................................................................ 157
110.123 (detention of terrorism suspects) .............................................................. 158
110.124 (anti-terrorism measures) ......................................................................... 159
110.125 (anti-terrorism measures) ......................................................................... 159
110.126 (Detainee Inquiry) .................................................................................... 160
110.127 (detention of terrorism suspects) .............................................................. 161
110.128 (detention of terrorism suspects) .............................................................. 161
110.129 (official development assistance) ............................................................. 162
110.130 (official development assistance) ............................................................. 163
110.131 (overseas development) ........................................................................... 164
110.132................................................................................................................... 165
3
List of abbreviations
Bangkok Rules =
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders
BOT =
British Overseas Territory1
BRIC =
Brazil, Russia, India, China
CAT =
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
CD =
Crown Dependency2
CEDAW =
United Nations Convention on the Elimination of All Forms of Discrimination against
Women
CPED =
United Nations International Convention for the Protection of All Persons from Enforced
Disappearance
CRC =
United Nations Convention on the Rights of the Child
CRPD =
United Nations Convention on the Rights of Persons with Disabilities
ECHR =
Council of Europe European Convention for the Protection of Human Rights and
Fundamental Freedoms.
ECNI =
Equality Commission for Northern Ireland3
ECPT =
Council of Europe European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment
ECtHR =
Council of Europe European Court of Human Rights
EHRC =
Equality and Human Rights Commission4
ESC =
Council of Europe European Social Charter (1961)
EU =
European Union
HM =
Her Majesty’s
HMP =
Her Majesty’s Prison
ICC =
International Coordination Committee of National Institutions for the Promotion and
Protection of Human Rights
ICCPR =
United Nations International Covenant on Civil and Political Rights
ICCPR-OP1 =
United Nations Optional Protocol to the International Covenant on Civil and Political
Rights
ICCPR-OP2 =
United Nations Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty
ICERD =
United Nations International Convention on the Elimination of All Forms of Racial
Discrimination
ICESCR =
United Nations International Covenant on Economic, Social and Cultural Rights
ICESCR-OP =
United Nations Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights
1
There are fourteen British Overseas Territories, the following ten of which are permanently inhabited
(see pages 45-119 of HRI/CORE/GBR/2014): Anguilla; Bermuda; Cayman Islands; Falkland Islands;
Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno; St Helena, Ascension, Tristan da Cunha;
Turks and Caicos Islands; Virgin Islands (commonly known as the British Virgin Islands).
2
There are three Crown Dependencies (see pages 119-154 of HRI/CORE/GBR/2014): the Bailiwick of
Guernsey; the Bailiwick of Jersey; and the Isle of Man.
3
www.equalityni.org
4
http://www.equalityhumanrights.com/
4
ICRC =
International Committee of the Red Cross
ICRMW =
United Nations International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families
ILO =
International Labour Organisation
ILO 143 =
ILO Migrant Workers (Supplementary Provisions) Convention
ILO 189 =
ILO Domestic Workers Convention
Istanbul Convention =
Council of Europe Convention on Preventing and Combating Violence against Women and
Domestic Violence
JCHR =
UK Parliament Joint Committee on Human Rights5
NGO =
Non-governmental organisation
NHRI =
National Human Rights Institutions (in the UK, they include the: EHRC; SHRC; NIHRC)
NHS =
National Health Service
NIHRC =
Northern Ireland Human Rights Commission6
OP-CAT =
United Nations Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
OP-CEDAW =
United Nations Optional Protocol to the Convention on the Elimination of Discrimination
against Women
OP-CRC-AC =
United Nations Optional protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict
OP-CRC-COM =
United Nations Third Optional to the Convention on the Rights of the Child on a
Communication Procedure
OP-CRC-SC =
United Nations Optional protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography
OP-CRPD =
United Nations Optional Protocol to the Convention on the Rights of Persons with
Disabilities
Paris Principles =
Principles relating to the Status of National Institutions
SHRC =
Scottish Human Rights Commission7
UK =
United Kingdom
UN =
United Nations
UPR =
United Nations Universal Periodic Review
VAWG =
Violence Against Women and Girls
5
http://www.parliament.uk/jchr
http://www.nihrc.org/
7
http://www.scottishhumanrights.com/
6
5
Introduction
1.
2.
3.
In its response of 17 September 2012 to the Human Rights Council’s
recommendations8 at the end of the second UPR, the UK committed to
providing an update on progress on the recommendations through a midterm report in 2014.
Regarding the UK’s responses:
 A recommendation that enjoys the support of the UK is one where the
UK supports both the spirit or principle behind the recommendation
and is able to implement it in practice.
 A recommendation that enjoys the support of the UK in part is one
where the UK supports the spirit or principle behind the
recommendation but it is only able to implement it in part (due, for
example, to legal or constitutional factors, or because the UK considers
that its present efforts are sufficient).
 A recommendation that does not enjoy the support of the UK is
generally one where the UK is not able to commit to implementation,
or where the UK rejects the assertions being made.
In preparing this report, the UK Government met with a wide range of
external stakeholders9, including the NHRIs and a number of NGOs.
Stakeholder events were held in: London (on 19 March and 18 September
2013); Edinburgh (on 12 June 2013, hosted by the Scottish Government);
Cardiff (on 31 July 2013, hosted by the Welsh Government); and Belfast (on
16 December 2013). In addition, an online submission system, open to all
members of the public and organisations, was live on the website of the
Ministry of Justice between March and 1 October 2013. Approximately 125
submissions were received (the majority of them from a single
organisation).
Summary of the outcome of the engagement process with the National Human
Rights Institutions and with civil society organisations
4.
Whilst there was a general request that the UK should take on board and
implement all of the UPR recommendations, areas for particular concern
included: ratification of all UN human rights instruments (particularly the
CPED, and those on rights to individual petition to the UN); counterterrorism measures (for example “stop and search”); allegations of torture
by UK officials overseas; extraterritorial application of CAT; diplomatic
assurances against torture; full implementation and incorporation into UK
law (and extension to all BOTs and CDs) of the CEDAW and the CRC (and
ratification of the OP-CRC-COM); child poverty; independence of the
Children Commissioners and of the EHRC; VAWG; abortion legislation in
Northern Ireland; age of criminal responsibility; corporal punishment of
children; caste discrimination; inequality; gender equality; indefinite
detention of migrants; hate crime (based on various grounds, including
gender and disability); impact of the welfare reform.
8
http://www.ohchr.org/EN/HRBodies/UPR/Pages/GBSession13.aspx (as "Addendum 1" and "Annex
1" under “Outcome of the review”).
9
http://www.justice.gov.uk/human-rights/universal-periodic-review/upr-events
6
5.
A number of issues raised by stakeholders were not directly included in the
UPR recommendations but were nonetheless of concern to NGOs. The
additional issues covered, for example: the rights of older people and of
victims of crime; the impact of the legal aid reforms; the Chagos Islands
(part of the British Indian Ocean Territory, the UK Government’s position
on which remains as set out in December 2012 at the conclusion of the
application to the ECtHR10); and better performance indicators on various
rights.
Overview of the update on progress on the recommendations
6.
7.
8.
9.
The annex below provides an update on the UK progress on the UPR
recommendations from 2012. For ease of reference, the UK response from
September 2012 is also included. To avoid repeating the same information,
references to other UK reports under various international human rights
instruments are included as appropriate.
In the majority of cases, the UK position has not changed since September
2012, but, where available, further information is provided in order to
complement, update or clarify what was previously stated.
In the following areas, the UK has changed its position to full support of the
recommendations:
 Recommendation 110.61 (combating caste discrimination).
 Recommendation 110.67 (investigating allegations against the UK
Armed Forces).
 Recommendation 110.68 (investigating allegations against the UK
Armed Forces).
It is hoped that this Mid Term Report contains sufficient information to
clarify the UK's position regarding the issues raised by civil society over the
course of the meetings in 2013. The following two cross-cutting issues
however impact on various rights and were raised by a number of civil
society groups. The UK Government’s position is therefore summarised
below:
 Rights of older people. The UK remains committed to improving
opportunities for older people. The initiatives taken forward by the UK
Government and by the Devolved Administrations include working
with international organisations, particularly the European Union and
the Council of Europe, to coordinate actions to promote the rights of
older people. It is however the UK position that States should be
concentrating on the implementation of existing commitments,
identifying genuine gaps in the current international human rights legal
framework and avoiding the duplication of existing treaties.
 Legal aid reform in England and Wales. See the UK 1st periodic report
under the CRPD11, the UK 7th periodic report under the ICCPR12, and
the UK response to the list of issues under the CEDAW examination13.
The UK Government’s rationale for pursuing the legal aid reform14 is
10
https://www.gov.uk/government/news/european-court-of-human-rights-decision-on-chagossian-case
Page 65 of CRPD/C/GBR/1
12
Page 136 (and following pages) of CCPR/C/GBR/7
13
Pages 6 and 17 of CEDAW/C/GBR/Q/7/Add.1
14
https://www.gov.uk/government/policies/making-legal-aid-more-effective
11
7
to make legal aid more effective including by targeting the highest
priority cases. The key legislation introducing the legal aid reform is
the Legal Aid, Sentencing and Punishment of Offenders Act 201215
(LASPO). The legal aid statistics (for England and Wales) are
available on the UK Government’s website16. Equality and diversity
information on the provision of legal aid in England and Wales is also
available on the UK Government’s website17. It should be noted that
legal aid continues to remain available in cases involving18 amongst
others: care, supervision and protection of children; special education
needs; mental health and mental capacity; community care services;
appeals relating to welfare benefits; victims of domestic violence and
family matters; forced marriage; breach of the ECHR by a public
authority; loss of home; homelessness; environmental pollution; and
equality.
It is intended to introduce a residence test,19 which will require that
legal aid applicants are lawfully resident on the date of application and
for a 12 month continuous period in the past. This would however be
subject to a number of exceptions which, amongst other things, ensure
the UK observes international obligations. In addition, any person
excluded from civil legal aid under the residence test would be able to
apply for exceptional case funding. Exceptional case funding is
available where failure to provide legal aid would breach the
applicant’s rights under the ECHR or EU law (or, in the light of the
risk of a breach, it is appropriate to provide legal aid).
15
http://www.legislation.gov.uk/ukpga/2012/10/contents
https://www.gov.uk/government/collections/legal-aid-statistics
17
https://www.gov.uk/government/publications/corporate-equality-information
18
Schedule 1 Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
19
A matter currently before the UK courts
16
8
Annex – Response to the recommendations
Reference
110.1 (ICCPROP1 ratification)
UPR
Recommendations
110.1
Ratify the First
Optional Protocol
to the ICCPR
(Estonia)
UK position in September 2012
Update (July 2014)
The recommendation does not enjoy the support Recommendation 110.1 does not enjoy the
of the United Kingdom.
support of the UK, but the UK will keep the
issue under review.
The UK Government remains to be convinced
of the added practical value to people in the
The UK Government remains unclear about the
United Kingdom of rights of individual petition practical benefits of the right to individual
to the United Nations. The United Nations
petition to the UN, taking into account:
committees that consider petitions are not
- The existence in the UK of a very strong
courts, and they cannot award damages or
legal framework (and effective
produce a legal ruling on the meaning of the
remedies) for the protection of human
law, whereas the United Kingdom has strong
rights and for combating discrimination,
and effective laws under which individuals may
complemented by the UK ratification
seek remedies in the courts or in tribunals if
(and implementation) of a range of
they feel that their rights have been breached.
international human rights instruments
In 2004, the Government acceded to the
both at UN and regional level (see
Optional Protocol to the Convention on the
section 2 of the Core Document 201420).
Elimination of All Forms of Discrimination
- The very low number of cases against
Against Women (the CEDAW OP). One of the
the UK under the OP-CEDAW and the
reasons for doing so was to enable
OP-CRPD. The statistics on the decided
consideration, on a more empirical basis, of the
cases (at June 2014) are as follows: OPmerits of the right of individual petition more
CEDAW (3 cases; outcome: all
generally. In 2009, the UK ratified the Optional
inadmissible21); OP-CRPD (1 case;
Protocol to the UN Convention on the Rights of
outcome: inadmissible22).
Persons with Disabilities. To date the UK’s
- The outcome of the cases against the
experience under both protocols has not
UK, all declared inadmissible, and also
provided sufficient empirical evidence to decide
the lack of enforceable remedies even in
either way on the value of other individual
the situation where a violation was
complaint mechanisms. We will need further
found.
evidence, over a longer period, to establish
- The time and resources allocated by the
20
Page 36 of HRI/CORE/GBR/2014
CEDAW/C/38/D/10/2005; CEDAW/C/37/D/11/2006; CEDAW/C/53/D/38/2012
22
CRPD/C/8/D/6/2011
21
9
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
what the practical benefits are.
110.2 (ICCPR and
CAT - British
Overseas
Territories)
110.2
Accept the full
implementation of
the provisions of the
CAT and the
ICCPR in overseas
territories under its
control.
(Islamic republic of
Iran)
UK to respond to the cases, estimated in
2008 at approximately £4,000 per case
(no data is readily available on the time
and resources committed by the
applicants).
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.2 enjoys the support of
the UK.
The UK Government’s longstanding practice in
this area is to encourage the Territories to agree
to the extension of UN human rights
conventions that the UK has ratified, but to
extend these to the Territories only when they
are ready to apply them. The Convention
Against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment (CAT) has
already been extended to all permanently
inhabited Overseas Territories. The
International Covenant on Civil and Political
Rights (ICCPR) has been extended to all except
Anguilla but the Government of Anguilla is
preparing for the extension of this Covenant.
The UK Government continues to work with the
Government of Anguilla to meet the
longstanding commitment of extending the
ICCPR to all permanently inhabited BOTs.
The ICCPR has already been extended to the
other BOTs, and the CAT to all permanently
inhabited BOTs (including Anguilla). Both the
ICCPR and the CAT have also been extended to
the three CDs.
Furthermore, in 2014, the ECPT was extended
to the Sovereign Base Areas of Akrotiri and
Dhekelia on Cyprus, the OP-CAT was extended
to the Isle of Man (at the Isle of Man’s request),
and the CRC, OP-CRC-AC, and OP-CRC-SC
were extended to Jersey (at Jersey’s request).
These events confirm the trend towards the
progressive extension of the main international
human rights instruments to the BOTs
(particularly those with permanent indigenous
human populations) and to the CDs, as outlined
10
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
in the Core Document 2014 (sections on the
BOTs and the CDs23).
110.3 (CAT
110.3
extraterritoriality) Recognize the
extraterritorial
application of the
CAT, according to
its jurisprudence.
(Nicaragua)
The recommendation does not enjoy the support Recommendation 110.3 does not enjoy the
of the United Kingdom.
support of the UK.
The Committee Against Torture is not a judicial
body and consequently neither its Reports or
General Comments have the status of
jurisprudence. The UK takes an Article by
Article approach to the Convention Against
Torture, given that there is no single
jurisdictional provision.
The UK Government considers the General
Comments and the Reports of the UN
Committee Against Torture as valuable
guidance for all the States Parties to the CAT;
however, it remains of the view that they do not
have the status of jurisprudence and cannot
extend, by interpretation, the international
obligations contained in the CAT.
The UK Government set out its position on the
scope of application of the CAT in its response
to the list of issues under the CAT examination
in 201324. The CAT does not contain a single
overarching provision determining the ambit of
the entire Convention. The scope of each CAT
Article must therefore be considered on its
terms.
110.4
(reservations)
23
24
110.4
Lift multiple
reservations to
international
human rights
treaties, including
the ICESCR and
the Optional
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.4 enjoys the support of
the UK in part.
The United Kingdom Government regularly
reviews its reservations against its International
Human Rights Treaties, to ensure they continue
to remain relevant. The UK's final two
reservations to the UN Convention on the
The policy rationale behind most UK
reservations to international human rights
instruments has not changed, and the UK
Government is therefore not yet in a position to
remove all of its reservations (although it will
Pages 45-119 (BOTs), and 119-154 (CDs) of HRI/CORE/GBR/2014
Pages 2-3 of CAT/C/GBR/Q/5Add.1
11
Reference
110.5 (OP-CRCCOM ratification)
110.6 (OP-CRCAC
UPR
Recommendations
Protocols to the
CRC.
(Belarus)
UK position in September 2012
Update (July 2014)
Rights of the Child (article 22 and 37(c)) were
formally removed in 2008.
continue to keep this issue under review).
110.5
Consider an early
ratification of the
newest international
human right
instrument – the
third Optional
Protocol to the
Convention on the
Rights of the Child
on a communication
procedure.
(Slovakia)
The recommendation enjoys the support of the
United Kingdom.
110.6
Consider
The recommendation does not enjoy the support Recommendation 110.6 does not enjoy the
of the United Kingdom.
support of the UK.
It should however be noted that:
- With regard to the ICESCR, the UK is
seeking to remove obsolete reservations
(or clarify their non-applicability). See
the UK 6th periodic report under the
ICESCR25.
- With regard to the CRC and the OPCRC-SC, the UK has no reservations or
declarations26.
The UK Government is considering the merits
of the new Optional Protocol for the whole of
the UK, taking account of the views of the
Devolved Administrations and in light of how it
will be applied in practice. The Government
will consider signing the Optional Protocol
when it has fully evaluated its merits for the
UK.
25
Page 36 of ICESCR 6th periodic report
See page 7 of CRC/C/GBR/5
27
Page 7 of CRC/C/GBR/5
26
12
Recommendation 110.5 enjoys the support of
the UK, to the extent that the UK Government
has considered (but has rejected at present) the
ratification of the OP-CRC-COM. The UK will
however continue to keep this issue under
review.
The UK Government’s position on the right to
individual petition to the UN is set out in the
response to recommendation 110.1. But, as
outlined in the UK 5th periodic report under the
CRC27, the UK Government also recognises that
ratifying the OP-CRC-COM might add further
protection for children in respect of their rights,
and it is therefore keeping the issue of the
ratification of the OP-CRC-COM under review.
Reference
interpretation)
UPR
Recommendations
withdrawing its
declaration to
Article 1 of the
Optional Protocol
to the Convention
on the Right of the
Child on
Involvement of
Children in Armed
Conflict, and raise
the armed forces
minimum
recruitment age to
18
(Slovenia)
UK position in September 2012
Update (July 2014)
The UK’s policy is to take all feasible measures
to ensure that members of its armed forces who
have not attained the age of 18 years, do not
take part in hostilities. In the event of a genuine
and unavoidable military need to deploy a unit
or ship which includes young people under the
age of 18 to an area in which hostilities are
taking place, those young people would not be
deployed and would be removed to a place of
safety unless to do so would undermine the
operational effectiveness of their ship or unit
and/or put the safety of other personnel at risk.
As reflected in the UK 5th periodic report under
the CRC28, the UK Government considers that
its declaration under the OP-CRC-AC is still
necessary, and that the current minimum
recruitment age for the Armed Forces is
reasonable. The following considerations should
be noted:
- On the involvement of under 18 in
armed conflict:
o No service personnel under the
age of 18 is knowingly deployed
on any operation, outside of the
UK, which would result in
engagement in (or exposure to)
hostilities; further, under-18 are
not deployed on UN
peacekeeping operations.
o The OP-CRC-AC does not
preclude under-18s from taking a
direct part in hostilities where:
there is a genuine military need
to deploy their unit or ship to an
area in which hostilities are
taking place; and by reason of
the nature and urgency of the
situation, it is not practicable to
withdraw them before
deployment; or to do so would
undermine the operational
effectiveness of their ship or unit,
and thereby put at risk the
successful completion of the
The minimum age for entry into the UK Armed
Forces reflects the normal school leaving age of
16. Evidence of age is required, and formal
written consent is required from the parents or
guardians of those under 18. There is no
compulsory recruitment into the UK Armed
Forces, and personnel under 18 have a statutory
right to discharge from the Armed Forces if
they wish to leave. The UK does not consider
this inconsistent with its obligations under the
Optional Protocol, to which it remains firmly
committed.
The UK armed forces take their responsibilities
towards all of their people extremely seriously,
and are very well aware of the particular
welfare needs of Service personnel, including
recruits and trainees, regardless of age. The
Armed Forces Covenant makes clear that
28
Page 7 and Appendix 1 of CRC/C/GBR/5
13
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
special account must be taken of the needs of
those under the age of 18. Commanding
Officers are provided with clear policy on
under-18s with respect to the law, recruitment
age, deployment on operations, alcohol,
smoking, gambling, adventurous training,
health & safety at work, the use of weapons,
armed guard duty, vulnerable recruits, levels of
supervision in the training environment, the
right to leave the armed forces, welfare,
mentoring, contact with parents and discipline.
29
30
military mission and/or the safety
of other personnel.
o Legislation (The Duty to
Participate in Education or
Training (Alternative Ways of
Working) Regulations
201329) designed to improve
educational attainment, has
extended the age until which
young people are required to
participate in education and
training. From the start of
Academic Year 2013/14, young
people must continue to
participate in education until the
end of the academic year in
which they turn 17. From
Summer 2015, young people
must continue to participate until
their 18th birthday. The training
and education offered by the
Armed Forces ensures that young
people embarking on a military
career fulfil this duty.
o The Armed Forces Covenant30
makes clear that special account
must be taken of the needs of
those under the age of 18.
Commanding Officers are
provided with clear policy on
under-18s with respect to the
law, recruitment age, deployment
http://www.legislation.gov.uk/uksi/2013/1243/pdfs/uksiem_20131243_en.pdf
https://www.gov.uk/government/policies/fulfilling-the-commitments-of-the-armed-forces-covenant/supporting-pages/armed-forces-covenant
14
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
-
15
on operations, the use of
weapons, armed guard duty,
younger recruits, levels of
supervision in the training
environment, the right to leave
the armed forces, welfare,
mentoring, contact with parents
and discipline.
On the minimum recruitment age:
o The minimum age for entry into
the UK Armed Forces aligns
with the earliest age at which
young people may choose to
leave full time education in the
UK.
o The UK must be able to recruit
from the widest talent pool
available in an increasingly
competitive employment market
in order to sustain the required
manning levels for its Armed
Forces; but the UK is very much
aware of the different needs of
every age group and strives to
ensure their specific needs are
met.
o At recruitment, evidence of age
is required, and formal written
consent is required from the
parents or guardians of those
under 18. There is no
compulsory recruitment into the
UK Armed Forces, and
personnel under 18 have an
immediate statutory right of
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
discharge until their 18th birthday
if they wish to leave. The UK
does not consider this approach
inconsistent with its obligations
under the OP-CRC-AC to which
it remains firmly committed.
o Overall recruitment to the Armed
Forces has declined as the
Armed Forces seek to adjust and
balance their manpower and, in
line with this, the number of
under-18s recruited has reduced
from 5,820 in 2008/9 to 2,460 in
2012/13.
110.7 (CRC
reservations)
110.8 (OP-CRCAC
interpretation)
31
110.7
Withdraw its
reservations to the
CRC concerning
detained and
asylum seeking
children
(Islamic republic of
Iran)
110.8
Withdraw its
interpretive
statement on the OP
to the CRC on the
involvement of
children in armed
conflict.
(Russian
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.7 enjoys the support of
the UK because, at present, the UK has no
reservations or declarations on the CRC31.
The UK Government formally removed its
reservation to the UN Convention on the Rights
of the Child in relation to refugee children
(article 22) in November 2008.
The recommendation does not enjoy the support Recommendation 110.8 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.6.
See response to recommendation 110.6
See page 7 of CRC/C/GBR/5
16
Reference
UPR
Recommendations
Federation)
UK position in September 2012
Update (July 2014)
110.9 (CRC
incorporation)
110.9
Incorporate fully, as
a matter of urgency,
the principles and
provisions of the
CRC into domestic
law.
(Slovakia)
The recommendation does not enjoy the support Recommendation 110.9 does not enjoy the
of the United Kingdom.
support of the UK.
The UK Government is fully committed to the
promotion and implementation of the UN
Convention on the Rights of the Child. The
Convention does not itself require states to
incorporate its provisions directly into domestic
law. The UK's approach to ensuring it meets its
obligations under the UNCRC is, accordingly,
to pursue implementation by means of a
combination of legislative and policy initiatives,
in keeping with general practice in the UK.
As set out in the Core Document 2014 (section
2C32), the UK implements its international
human rights obligations through appropriate
legislation and administrative measures.
International instruments do not, however,
apply directly in UK law. At present, in the
human rights context, the Human Rights Act
199833 gives further effect in UK law to the
rights in the ECHR, and makes most of the
ECHR rights directly enforceable in UK courts.
The Charter of Fundamental Rights of the
In December 2010 the UK Government gave a
European Union is legally binding on the UK
commitment to Parliament to give due
when acting within the scope of EU law
consideration to the UNCRC when making new (following the European Union (Amendment)
policy and legislation. It is also introducing new Act 200834, and the European Communities Act
legislation to strengthen the role of the
197235).
Children’s Commissioner for England, so that it
is able to promote and protect the rights of
The UK is therefore implementing the CRC
children in line with the UNCRC. The new
through a combination of legislative and policy
legislation also includes giving the
initiatives. The UK 5th periodic report under the
Commissioner new powers to carry out impact
CRC36 sets out in detail how the CRC is being
assessments of new policies and legislation on
implemented across the UK. The following
children's rights. Legislation is also in
highlights should be noted:
preparation in Scotland with a view to
- In England, the UK Government is
strengthening support for children and placing
committed to giving due consideration
32
Page 36 of the HRI/CORE/GBR/2014
http://www.legislation.gov.uk/ukpga/1998/42/contents
34
http://www.legislation.gov.uk/ukpga/2008/7/contents
35
http://www.legislation.gov.uk/ukpga/1972/68/contents
36
Page 8 of CRC/C/GBR/5
33
17
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
their rights at the heart of Scotland’s devolved
policies. In Wales, there is a difference in
approach. In 2011 the Welsh Government
introduced legislation which places a duty on
Welsh Ministers to have due regard to the
UNCRC and its optional protocols when
making decisions about proposed new policies
and or legislation. Then from May 2014
whenever they use any of their legal powers or
duties.
-
-
37
to the CRC when developing new
policies and legislation. For example, a
formal assessment of the Children and
Families Bill in 2013 (now the Children
and Families Act 201437) against the
CRC was carried out prior to
publication; and many of the provisions
of the Act enhance children’s rights.
In Scotland, the Scottish Government
believes that incorporation is best
achieved on a case by case basis. The
Children and Young People (Scotland)
Act 201438 introduces new powers and
duties which explicitly recognise the
role of the CRC in influencing service
planning and delivery. For example, it
places a duty on Scottish Ministers to
keep under consideration and take steps
to further the rights of children and
young people, to promote and raise
awareness and understanding of the
CRC and prepare reports describing this
activity.
In Northern Ireland, the “Ten Year
Strategy for Children and Young
People”39 provides the strategic direction
for improving outcomes for children and
young people in Northern Ireland. A
“child rights indicator framework” links
progress on the outcomes in the strategy
http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted
http://www.legislation.gov.uk/asp/2014/8/contents/enacted
39
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change/children-young-people/children-and-young-people-strategy.htm
38
18
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
-
110.10 (CRC
implementation)
110.10
Take all measures
necessary to fully
implement the CRC
(France)
The recommendation enjoys the support of the
United Kingdom.
The UK Government is fully committed to the
promotion and implementation of the UN
Convention on the Rights of the Child and
40
Page 10 of CRC/C/GBR/5
http://www.legislation.gov.uk/mwa/2011/2/contents
42
http://wales.gov.uk/topics/childrenyoungpeople/rights/uncrc/?lang=en
41
19
directly to the implementation of the
CRC40 and informs both the
development of policy and the delivery
of children’s services.
In Wales, the Rights of Children and
Young Persons (Wales) Measure 201141
places a duty on Welsh Ministers to
have due regard to the CRC when
making decisions about proposed new
policies and/or legislation. The
Children’s Rights Scheme in 2012 set
out the arrangements to ensure
ministerial compliance with the duty
(including the challenge process that any
person, adult or child, should follow if
they believe that Welsh Ministers have
not fully considered children’s rights). A
new Children’s Rights Scheme 2014
was published in May 201442. The duty
to have due regard to the CRC was
extended further and all Ministers will
now need to have due regard to the CRC
when exercising any of their Ministerial
functions.
Recommendation 110.10 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.9.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
ensures that its policies and legislation complies
with it. The education, health and wellbeing of
children are vital for our society and the
principles and standards defined in the
Convention are an important framework for our
thinking.
Wales
In Wales, the Rights of Children and Young
Persons (Wales) Measure places a duty on
Welsh Ministers to have due regard to the CRC
when reviewing their policies and when making
decisions about proposed policies or legislation.
From 1st May 2012 Welsh ministers have a
duty to have regard to the CRC whenever they
use any of their legal powers or duties.
110.11 (ICERD
interpretation)
43
110.11
Consider
withdrawing its
interpretative
declaration on
article 4 of the
International
Convention on the
Elimination of All
Forms of Racial
Discrimination, as
recommended by
the Committee on
Racial
Discrimination as
The recommendation does not enjoy the support Recommendation 110.11 does not enjoy the
of the United Kingdom.
support of the UK.
The UK maintains its interpretation of Article 4
which it stated on signature to the Convention
in 1966. The UK has a long tradition of
freedom of speech which allows individuals to
hold and express views which may well be
contrary to those of the majority of the
population, and which many may find
distasteful or even offensive. This may include
material produced by avowedly racist groups
and successive Governments have held the view
that individuals have the right to express such
views so long as they are not expressed
Page 36 of the HRI/CORE/GBR/2014
20
As outlined in the Core Document 2014 (section
243), the UK has a very strong legislative
framework to protect individuals and
communities from discrimination,
complemented by the UK ratification (and
implementation) of a range of international
human rights instruments at UN and regional
level. This framework is kept under review to
ensure it remains effective and appropriate in
the face of new challenges.
To reflect the seriousness of hate crime, there is
Reference
UPR
Recommendations
well as take
measures aimed at
eliminating racial
discrimination,
incitement of racial
hatred
(Algeria)
UK position in September 2012
Update (July 2014)
violently or do not incite violence or hatred
against others, or do not otherwise breach the
criminal law. The UK believes that this strikes
the right balance between maintaining the right
to freedom of speech and protecting individuals
from violence and hatred.
specific legislation, such as the Racial and
Religious Hatred Act 200644 (for England and
Wales), to protect people from racist abuse and
other forms of hate crime such as:
- Racially and religiously aggravated
offences (which carry higher maximum
sentence penalties);
- Enhanced sentencing (for offences
where a court is satisfied that any
offence was motivated by hostility
towards the victim);
- Sentence starting points of 30 years
imprisonment for murders that are
racially or religiously aggravated (and
other hate crimes) where the court is
considering the seriousness of an
offence.
110.12 (ICERD
interpretation)
110.12
Withdraw its
reservations and
interpretative
statement with
respect to Article 4
of the ICERD
(Islamic republic of
Iran)
The recommendation does not enjoy the support Recommendation 110.12 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.11.
See recommendation 110.11
110.13 (CEDAW
reservations)
110.13
Remove
reservations to the
CEDAW
The recommendation does not enjoy the support Recommendation 110.13 does not enjoy the
of the United Kingdom.
support of the UK, but the UK continues to keep
its remaining reservations under review.
The UK Government reviewed its current
44
http://www.legislation.gov.uk/ukpga/2006/1/contents
21
Reference
UPR
Recommendations
(Greece)
UK position in September 2012
Update (July 2014)
reservations to the Convention on the
Elimination of All Forms of Discrimination
Against Women ahead of submission of its 7th
Periodic Report in June 2011 and concluded
that the remaining reservations remained
relevant and should not be withdrawn. The UK
will continue to keep its reservations to the
Convention under regular review with the view
to lifting or amending them wherever possible.
Following its commitment to keep its
reservations to the Convention under review,
the UK is currently beginning a review of its
exemption statement that allows the exclusion
of women from certain military posts. The
review will ascertain whether women can serve
in combat roles, and will conclude by the end of
2014.
All other UK reservations remain relevant and
cannot be withdrawn.
110.14 (ICRMW
ratification)
45
46
110.14
Consider the
possibility of
ratifying the
international
Convention on the
Protection of the
Rights of All
Migrant Workers
and Members of
Their Families
(Chile)
The recommendation does not enjoy the support Recommendation 110.14 does not enjoy the
of the United Kingdom.
support of the UK.
The UK has not signed or ratified the
Convention on the Protection of the Rights of
All Migrant Workers and Members of Their
Families. No EU Member State or major
industrialised developed state has ratified the
Convention. Within the UK, the rights of
migrant workers are already protected in
domestic legislation, including under the
Human Rights Act 1998. We believe we have
struck the right balance between the need for a
firm, fair and effective immigration system and
protection of the interests and rights of migrant
workers and their families.
http://www.legislation.gov.uk/ukpga/2010/15/contents
Page 36 of the HRI/CORE/GBR/2014
22
The UK Government remains unconvinced of
the need to ratify the ICRMW.
The rights of migrant workers are protected in
domestic legislation, including under the
Human Rights Act 1998 and the Equality Act
201045, complemented by the UK ratification
(and implementation) of a range of international
human rights instruments at both UN and
regional level (see the Core Document 2014 –
section 2C46).
Furthermore, migrants who are legally working
in the UK already enjoy the full protection of
UK employment law. Regulatory regimes, such
as those administered by the Employment
Agency Standards Inspectorate and the
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Gangmasters Licensing Authority, are designed
to protect vulnerable workers, including those
from overseas. Migrant workers are also entitled
to the same protections under health and safety
legislation as any other worker.
Finally, the UK Government notes the very low
number of States Parties to the ICRMW (47 out
of 193); in particular, no EU Member or BRIC
country, the United States or Japan have ratified
the ICRMW.
110.15 (ICRMW
ratification)
110.16 (ICRMW
and ILO 143
ratification)
110.15
Consider acceding
to the ICRMW
(Ecuador)
The recommendation does not enjoy the support Recommendation 110.15 does not enjoy the
of the United Kingdom.
support of the UK.
110.16
Consider the
possibility of
ratifying the
ICRMW and ILO
Convention No. 143
on Migrations in
Abusive Conditions
and the Promotion
of Equality of
Opportunity and
Treatment of
Migrant Workers
(Honduras)
The recommendation does not enjoy the support Recommendation 110.16 does not enjoy the
of the United Kingdom.
support of the UK.
See response to recommendation 110.14
See response to recommendation 110.14. In
addition the UK has no plans to ratify ILO
Convention 143, which it believes is in contrary
to its immigration policy. For example, Article
8 of the Convention is contrary to UK policy in
respect of those admitted for the purpose of
work and then become economically inactive.
23
See the response to recommendation 110.14.
On the ICRMW, see the response to
recommendation 110.14.
On ILO 143, the UK Government remains
unconvinced of the need to ratify this
Convention having taken into account:
- The existing legal protection in the UK
of the rights of migrant workers, as
outlined in the response to
recommendation 110.14.
- The potential conflict between ILO 143
and UK policy on immigration.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
-
The very low number of States Parties to
ILO 143 (23 out of 185); and notably,
none of the BRIC countries, the United
States or Japan has ratified ILO 143.
110.17 (ICRMW
ratification)
110.17
Protect the children
and families of
migrants and
refugees, and
accede to the
ICRMW
(Morocco)
The recommendation does not enjoy the support Recommendation 110.17 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.14.
See response to recommendation 110.14
110.18 (ICRMW
ratification)
110.18
Ratify the ICRMW/
Accede to the
ICRMW
(Egypt, Guatemala,
Sudan)/ (Uruguay,
Islamic Republic of
Iran)
The recommendation does not enjoy the support Recommendation 110.18 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.14.
See response to recommendation 110.14
110.19 (ICRMW
ratification)
110.19
In conformity with
article 77 of the
ICRMW, recognize
the competence of
the Committee to
receive and
consider
communications
which allege
violations of
individual rights
The recommendation does not enjoy the support Recommendation 110.19 does not enjoy the
of the United Kingdom.
support of the UK because the UK is not a party
to the ICRMW.
The UK is not party to the Convention on the
Protection of the Rights of All Migrant Workers
and Members of Their Families (see response to
recommendation 110.14) and cannot therefore
implement this recommendation.
24
Reference
UPR
Recommendations
recognized by this
Convention
(Uruguay)
UK position in September 2012
110.20 (CPED
ratification)
110.20
Establish a
timetable for
signature and
ratification of the
International
Convention for the
Protection of All
Persons from
Enforced
Disappearance, and
for full recognition
of the competence
of the Committee on
Enforced
Disappearance
(France)
The recommendation does not enjoy the support Recommendation 110.20 does not enjoy the
of the United Kingdom.
support of the UK.
47
48
Update (July 2014)
The UK does not normally sign a treaty unless
we are confident that our own legislation is
fully compliant with its requirements. We have
carried out an initial assessment of the practical
implications of implementing the Convention,
and identified areas of domestic law and
operational policy that would need change if the
UK is to comply with Convention
requirements. The UK is keen to move towards
signature and ratification of the Convention but
the size of this undertaking will require
considerable resources and parliamentary time.
However, the UK is committed to making
further progress on ratification by the time of its
mid-term review in 2014.
http://www.legislation.gov.uk/ukpga/1984/60/contents
https://www.gov.uk/police-and-criminal-evidence-act-1984-pace-codes-of-practice
25
The UK Government continues with the work
set out in the response in 2012. Evaluation of
any proposed changes will be discussed in
further detail at the next UK report under the
UPR in 2016, or via an earlier vehicle if this is
possible.
The UK Government would like to flag the
existing UK framework which protects human
rights, prevents arbitrary arrests and holds
national security organisations to account, in
particular:
 The prohibition of torture (or inhuman
or degrading treatment or punishment)
and the right to liberty and security as
guaranteed by the ECHR are directly
enforceable in UK courts through the
Human Rights Act 1998.
 Extensive legislation, such as the Police
and Criminal Evidence Act 198447, and
related Codes of Practice48, provide a
statutory framework against arbitrary
arrests.
 The UK is also party to a range of
international human rights instruments
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)



49
including the ECPT, CAT and OP-CAT,
which ensure that UK state detention
facilities are regulated and monitored.
The work of the security and intelligence
agencies (the Security Service, Secret
Intelligence Service, and Government
Communications Headquarters) is
subject to Ministerial, and to
independent oversight by the UK
Parliament (through the Intelligence and
Security Committee49), the judiciary
(through the Investigatory Powers
Tribunal50), and two Commissioners (the
Interception of Communications
Commissioner51, and the Intelligence
Services Commissioner52).
In 2010, the UK Government published
“Consolidated Guidance to Intelligence
Officers and service Personnel on the
Detention and Interviewing of Detainees
Overseas, and on the Passing and
Receipt of Intelligence Relating to
Detainees”53.
UK service personnel on operations
overseas are at all times subject to the
law of England and Wales, and are
required to act in accordance with
applicable human rights law and
international humanitarian law. Where it
is necessary to detain individuals on
http://isc.independent.gov.uk/
http://www.ipt-uk.com/
51
http://www.iocco-uk.info/
52
http://isc.intelligencecommissioners.com/default.asp
53
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/62632/Consolidated_Guidance_November_2011.pdf
50
26
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
operations, as a matter of policy, the UK
will ensure its international obligations
are upheld.
The recommendation enjoys the support of the
110.21
United Kingdom.
Work on accession
to the Convention
for the Protection of See response to 110.20
All Persons from
Enforced
Disappearance
(Iraq)
Recommendation 110.21 enjoys the support of
the UK.
110.22
Accelerate its
current efforts to
sign and ratify the
CPED
(Japan)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.22 enjoys the support of
the UK.
See response to 110.20
See also the response to recommendation
110.20.
110.23 (CPED
ratification)
110.23
Ratify the CPED
/Accede to the
CPED
(Uraguay)
The recommendation does not enjoy the support Recommendation 110.23 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.20.
See response to 110.20
110.24 (CPED
ratification)
110.24
Continue efforts to
ratify the CPED
(Argentina)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.24 enjoys the support of
the UK.
See response to 110.20
See also the response to recommendation
110.20.
110.25
In conformity with
articles 31 and 32 of
The recommendation does not enjoy the support Recommendation 110.25 does not enjoy the
of the United Kingdom.
support of the UK because the UK is not a party
to the CPED.
27
110.21 (CPED
ratification)
110.22 (CPED
ratification)
110.25 (CPED
ratification)
See also the response to recommendation
110.20.
Reference
UPR
Recommendations
the CPED,
recognize the
competence of the
respective
monitoring body to
receive and
consider
communications
from individuals
and States that
allege that they
have been victims of
violations of the
provisions of the
Convention
(Uruguay)
UK position in September 2012
Update (July 2014)
110.26 (CPED,
ICCPR-OP1 and
ICESCR-OP
ratification)
110.26
Ratify the CPED,
The first OPICCPR and
OP-ICESCR
(Spain)
The recommendation does not enjoy the support Recommendation 110.26 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendations 110.20 and 110.1.
See response to recommendations 110.1 and
110.20
110.27 (ILO 189
ratification)
110.27
Ratify ILO
Convention No. 189
on Domestic
Workers
(Uruguay)
The recommendation does not enjoy the support Recommendation 110.27 does not enjoy the
of the United Kingdom.
support of the UK.
The UK is not party to the Convention on
Enforced Disappearance (see response to
recommendation 110.20) and cannot therefore
implement this recommendation.
The UK Government has publicly stated in an
explanatory memorandum laid before
Parliament on 27th April 2012 that whilst the
28
The UK framework to protect human rights,
prevent arbitrary arrests and hold national
security organisations to account is set out in the
response to recommendation 110.20.
The UK Government remains unconvinced of
the need to ratify this Convention. The UK
already has in place comprehensive legislative
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
UK supports the principles behind the Domestic
Workers Convention by already providing
comprehensive employment and social
protections to domestic workers, it does not
think that ratification of the Convention is
appropriate for the UK because of the burdens
that implementing the health and safety
provisions would impose on UK business and
citizens.
and administrative measures to protect workers’
rights54, including on: trade union representation
(and industrial action); combating
discrimination, bullying and harassment at
work; retirement age; employees’ personal data;
pregnant employees’ rights; and reasonable
adjustment for (and recruitment of) disabled
people.
The UK Government remains concerned that
the implementation of ILO 189 would impose
disproportionate burdens on businesses and
raise issues of privacy; this could have serious
social consequences. However, the UK
Government supports and is committed to the
principles of this Convention.
110.28 (ILO 189
and ICRMW
ratification)
110.28
Consider ratifying
ILO Convention
189 on Decent
Work for Domestic
Workers and the
ICRMW
(Philippines)
The recommendation does not enjoy the support Recommendation 110.28 does not enjoy the
of the United Kingdom.
support of the UK because of the reasons set out
in the response to recommendation 110.27 (for
See response to recommendations 110.14 and
ILO 189) and recommendation 110.14 (for the
110.27
ICRMW).
110.29 (Istanbul
Convention
ratification)
110.29
Sign and ratify the
Council of Europe
Convention on
Preventing and
Combating Violence
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.29 enjoys the support of
the UK.
The UK signed CAHVIO on 8th June 2012.
The UK already has some of the most robust
protections in the world against violence
The UK already signed the Istanbul Convention
in 2012. In the course of 2013-14, provisions
were put in place to criminalise forced marriage
54
https://www.gov.uk/browse/employing-people/trade-unions
29
Reference
110.30 (CRPD
reservations)
UPR
Recommendations
against Woman and
Domestic Violence
(France)
UK position in September 2012
Update (July 2014)
towards women and we already comply with
the vast majority of the articles of CAHVIO.
We do need to ensure that all articles are fully
met before ratification. We are currently
working within Government and with the
Devolved Administrations to establish the best
way to do this.
(via the Anti-Social Behaviour, Crime and
Policing Act 201455). Whilst this was critical to
allow the UK to ratify the Convention, the UK
Government and the Devolved Administrations
continue rigorously to examine whether
everything necessary to ratify the Convention is
being done.
110.30
Consider the effect
and continued
relevance of its
remaining
reservations to the
Convention on the
Rights of Persons
with Disabilities,
and consider the
possibility of
withdrawing them
(New Zealand)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.30 enjoys the support of
the UK to the extent that the UK Government
considered (but it is not withdrawing) the
reservations and the declaration placed under
the CRPD. The UK will continue to keep this
issue under review.
The UK's reservations under the CRPD are
subject to periodic review. The UK last
conducted a review in 2011, and decided that
certain reservations remain relevant and
necessary. However, as the UK's withdrawal of
the reservation in respect of Article 12 shows,
where reservations are no longer necessary we
will remove them.
The policy rationale underlying the remaining
UK reservations and the declaration under the
CRPD has not changed since September 2012;
therefore the UK Government is currently
unable to withdraw either the reservations or the
declaration.
See also the response to recommendation 110.4.
110.31 (CRPD
reservations)
55
110.31
Withdraw
reservations made
upon the
ratification of the
CRPD
(Hungary)
The recommendation does not enjoy the support Recommendation 110.31 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.30.
The UK's reservations under the CRPD are
subject to periodic review. The UK last
conducted a review in 2011, and decided that
certain reservations remain relevant and
necessary. However, as the UK's withdrawal of
http://www.legislation.gov.uk/ukpga/2014/12/part/10
30
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
the reservation in respect of Article 12 shows,
where reservations are no longer necessary we
will remove them.
110.32 (human
rights protection)
110.32
Continue to ensure
that human rights
principles are
integrated in
domestic laws
(Qatar)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.32 enjoys the support of
the UK.
The UK already ensures rights and fundamental
freedoms in the European Convention on
Human Rights are and continue to be enshrined
in our domestic laws. Section 19 of the Human
Rights Act (Statements of Compatibility)
requires a Government Minister introducing
legislation to Parliament to make a statement
either that in his view the provisions of the
legislation are compatible with the Convention
rights or that if he is unable to make such a
statement he nevertheless wishes Parliament to
proceed with the legislation. This approach
ensures that human rights principles are central
to the consideration of domestic laws.
The UK already has a very strong legal
framework (and effective remedies) for the
protection of human rights and for combating
discrimination, complemented by the UK
ratification (and implementation) of a range of
international human rights instruments both at
UN and regional level (see the Core Document
– section 256).
In addition, on 18th March 2011, in line with a
commitment made in the Coalition
Government’s Programme for Government, the
Government announced the establishment of an
independent Commission to look afresh at the
way rights are protected in the UK.
The Commission's terms of reference are to
56
57
Page 36 of the HRI/CORE/GBR/2014
http://www.justice.gov.uk/about/cbr
31
The final report of December 2012 of the
Commission on a Bill of Rights57 cautioned that
the time was not right to proceed with a Bill of
Rights or with changes to the current legislative
framework for human rights, largely because of
the way the UK human rights framework is tied
into the devolution settlements, and in view of
the referendum in Scotland on the independence
from the UK (which is scheduled for 18
September 2014). The UK Government agrees
with this analysis.
In Scotland, the Scottish Government continues
to remain firmly committed to human rights
Reference
110.33 (detention
by the armed
forces)
58
59
UPR
Recommendations
110.33
Consider that any
person detained by
its armed forces is
under its
jurisdiction, and
respect its
obligations
concerning the
human rights of
such individuals
(Islamic Republic of
Iran)
UK position in September 2012
Update (July 2014)
investigate the creation of a UK Bill of Rights
that incorporates and builds on all our
obligations under the European Convention on
Human Rights, to ensure that these rights
continue to be enshrined in UK law, and
protects and extends our liberties. The objective
is to examine the operation and implementation
of these obligations, and consider ways to
promote a better understanding of the true
scope of these obligations and liberties. The
Commission has been asked to report by the
end of 2012.
principles, as exemplified by Scotland’s
“National Action Plan for Human Rights”58
which was launched by the SHRC on 10
December 2013, and is designed to act as a
roadmap for the realisation of human rights in
Scotland.
In Wales, the Welsh Government also continues
to remain committed to human rights and to
compliance with the ECHR, underpinned by the
devolution settlement.
The recommendation does not enjoy the support Recommendation 110.33 does not enjoy the
of the United Kingdom.
support of the UK.
UK personnel on military operations overseas
are subject to the law of England and Wales
wherever in the world they operate and are
required to act in accordance with applicable
human rights law and the law of armed conflict.
However, our position is consistent with that of
the European Court of Human Rights as set out
in Al Skeini, that:
‘In each case the question whether exceptional
circumstances exist which require and justify a
finding by the court that the state was
exercising jurisdiction extra territorially must
be determined with reference to the particular
facts’
http://www.scottishhumanrights.com/actionplan
Page 97 of CCPR/C/GBR/7
32
UK personnel on military operations overseas
are subject to the law of England and Wales,
and are required to act in accordance with
applicable human rights law and international
humanitarian law.
As set out the UK’s 7th periodic report under the
ICCPR59, the UK’s human rights obligations are
primarily territorial and the ICCPR can only
have effect outside the territory of the UK in
very exceptional circumstances. Similarly, the
European Court of Human Rights has held that
the ECHR only applies extra-territorially in
exceptional circumstances. In relation to scope
of application of CAT see the response to
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
recommendation 110.3. International human
rights treaties however do not necessarily have
the same scope of application. The UK
endeavours to comply with its human rights
obligations in relation to all persons detained by
its armed forces.
110.34 (children
in conflict)
110.35 (export
controls)
60
110.34
Introduce law that
will criminalize use
of children in
military actions
(Uzbekistan)
110.35
Prohibit under the
law the sale of
weapons to the
countries where
children have been
or are used in
military actions
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.34 enjoys the support of
the UK in part.
As stated in the response to recommendations
110.6 and 110.8, the UK is committed to the
Convention on the Rights of the Child,
including the Optional Protocol on Children in
Armed Conflict. Furthermore existing law
makes it an offence to conscript or enlist
children under the age of fifteen years into the
national armed forces or use them to participate
actively in hostilities. The UK is satisfied
existing law and policy addresses the concerns
which might underpin this recommendation.
See the responses to recommendation 110.6 and
110.8.
The current legislation and administrative
measures on the minimum age for recruitment
into the Armed Forces prohibit the enlistment of
children under 15. The UK Government takes
the view that its position remains compatible
with the international obligations under the OPCRC-AC.
The recommendation does not enjoy the support Recommendation 110.35 does not enjoy the
of the United Kingdom.
support of the UK.
Under UK export control law the export of arms
to all destinations is prohibited, unless
authorised by a licence issued by the Secretary
of State for Business Innovation and Skills.
Applications for licences are assessed against
https://www.gov.uk/government/collections/export-licensing-guidance--2
33
The UK Government considered its
international obligations under the CRC and the
OP-CRC-AC as well as the legislation and
administrative measures controlling the export
of arms60. In particular, it considered that the
Reference
110.36 (NHRIs
and
Commissioners
independence)
61
UPR
Recommendations
(Uzbekistan)
110.36
Adopt measures
necessary to ensure
the independence of
the Commissioners
in accordance with
the Paris Principles
(Costa Rica)
UK position in September 2012
Update (July 2014)
relevant policies, primarily the Consolidated
EU and National Arms Export Licensing
Criteria. The assessment against the Criteria is
made for applications for export licences to any
country and takes account of a range of risks,
including the risk in internal repression which
includes considerations of whether the arms
might be used by or against children, or that
children have been, or are likely to be, used in
military actions in that country or region. The
UK will not issue an export licence if there is
a clear risk that the equipment might be used
for internal repression which includes
assessment of the likelihood of the exports
being used to commit serious violations of
human rights, or of international humanitarian
law.
“Consolidated EU and National Arms Export
Licensing Criteria”61 also include, amongst
other risks, the respect of human rights and
fundamental freedoms in the country of final
destination, especially where serious human
rights violations have been established by the
competent bodies of the UN, Council of Europe
or the EU.
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.36 enjoys the support of
the UK.
The UK Government is committed to having a
strong and effective ‘A’-rated National Human
Rights Institution. The UK Government is
liaising closely with the International Coordinating Committee and the Office of the
High Commissioner for Human Rights on the
implementation of our reforms, which we
believe will support the Commission, ensuring
its independence and safeguarding its ‘A’-rated
status. This is a high priority for the
UK Government. The Government also favours
a strong independent Commissioner to
The UK Government considers that it is
ensuring the independence of the NHRIs and of
the Commissioners monitoring specific rights,
using for the latter the examples of the Children
Commissioners and of the UK Information
Commissioner.
https://www.gov.uk/government/publications/consolidated-eu-and-national-arms-export-licensing-criteria
34
In light of the above, the UK Government
remains unconvinced of the need to introduce a
statutory prohibition.
NHRIs
The UK Government observes that the three UK
NHRIs (namely the EHRC, the SHRC, and the
NIHRC) are all accredited “A” status by the
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
represent the views and interests of children and
to protect their rights. The proposed legislation
for England set out in recommendation 110.38
will enhance the Commissioner’s role.
ICC; this means that they have all been assessed
to be fully compliant with the Paris Principles,
including with the criterion of independence
guaranteed in the UK by the following statutes:
- for the EHRC, the Equality Act 2006,
Schedule 1, Part 4, paragraph 4262;
- for the NIHRC, the Northern Ireland Act
1998, Schedule 7, Paragraph 1163;
- for the SHRC, the Scottish Commission
for Human Rights Act 2006, Schedule 1,
paragraph 364.
Following the “Comprehensive Budget Review”
of the EHRC in January 201365, carried out by
the UK Government in partnership with the
EHRC, the UK Government is satisfied that the
budget is adequate for the EHRC to discharge
its functions. Furthermore, the ICC was content
with the EHRC “Framework Document” of
May 201366, which sets out the relationship
between the UK Government and the EHRC.
It should also be noted that the Scottish
Government continues to remain firmly
committed to the independence of the UK
NHRIs in general and of the SHRC in
particular.
Commissioners
62
http://www.legislation.gov.uk/ukpga/2006/3/schedule/1
http://www.legislation.gov.uk/ukpga/1998/47/schedule/7
64
http://www.legislation.gov.uk/asp/2006/16/schedule/1
65
https://www.gov.uk/government/publications/comprehensive-review-of-the-equality-and-human-rights-commission-s-ehrcs-budget
66
https://www.gov.uk/government/publications/ehrc-framework-document
63
35
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The independence of the Children
Commissioners is guaranteed by the following
statutes:
- for the Children’s Commissioner for
England, the Children Act 2004
Schedule 1, paragraph 167, and the
Children and Families Act 2014;
- for Northern Ireland’s Commissioner for
Children and Young People, the
Commissioner for Children and Young
People (Northern Ireland) Order 2003,
Schedule 2, paragraph 168;
- for Scotland’s Commissioner for
Children and Young People, the
Commissioner for Children and Young
People (Scotland) Act 2003, Schedule 1,
paragraphs 1-269, and the Children and
Young People (Scotland) Act 2014;
- for the Children’s Commissioner for
Wales (the first one to be set up in the
UK), the Care Standards Act 2000,
Schedule 2, paragraph 170.
The independence of the Information
Commissioner is guaranteed by the Data
Protection Act 1998, Schedule 5, paragraph 171,
and s.18 Freedom of Information Act 200072.
110.37 (EHRC
110.37
The recommendation enjoys the support of the
67
Recommendation 110.37 enjoys the support of
http://www.legislation.gov.uk/ukpga/2004/31/schedule/1
http://www.legislation.gov.uk/nisi/2003/439/schedule/2
69
http://www.legislation.gov.uk/asp/2003/17/schedule/1
70
http://www.legislation.gov.uk/ukpga/2000/14/schedule/2
71
http://www.legislation.gov.uk/ukpga/1998/29/schedule/5
72
http://www.legislation.gov.uk/ukpga/2000/36/part/I/crossheading/the-information-commissioner-and-the-information-tribunal
68
36
Reference
independence)
UPR
Recommendations
Ensure that the
reform process of
the Equality and
Human Rights
Commission does
not affect its
independence in
conformity with the
Paris Principles
(Morocco)
UK position in September 2012
Update (July 2014)
United Kingdom.
the UK for the reasons set out in the response to
recommendation 110.36.
See response to recommendation 110.36
110.38 (Children’s 110.38
Commissioner for Introduce
England)
legislation at the
earliest opportunity
to give the
Children’s
Commissioner for
England an explicit
role of promoting
and protecting
children’s rights in
line with the CRC
and to make the
Commissioner more
independent from
Government and
more accountable to
Parliament
(Australia)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.38 enjoys the support of
the UK.
The UK Government is introducing legislation
which will give the Children’s Commissioner
for England an explicit role to promote and
protect children’s rights and to make the
commissioner more independent. The proposals
are currently going through pre-legislative
scrutiny with the aim of introducing a Bill early
in 2013.
The Children and Families Act 2014 gives the
Children’s Commissioner for England the
primary role to promote and protect children’s
rights. Provisions in the previous legislation that
allowed Ministers to direct the Commissioner to
undertake certain activities have been removed;
and the Commissioner is now able to bring
matters to the direct attention of the UK
Parliament, and to lay the Commissioner’s
annual report before the UK Parliament directly
(rather than via the UK Government).
110.39 (equality)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.39 enjoys the support of
the UK.
The UK will continue to develop policies and
The UK has a very strong legal framework (and
110.39
Develop
appropriate policies
and targeted
See also the response to recommendation
110.36.
37
Reference
UPR
Recommendations
measures in
ensuring genuine
equality in
accordance with the
recommendation of
the Committee on
Economic, Social
and Cultural Rights
(Uzbekistan)
UK position in September 2012
Update (July 2014)
measures to ensure equal enjoyment of
economic, social and cultural rights.
effective remedies) for the protection of human
rights and for combating discrimination,
complemented by the UK ratification (and
implementation) of a range of international
human rights instruments both at UN and
regional level (see the Core Document 2014 –
section 273). This framework is kept under
review to ensure it remains effective and
appropriate in the face of new challenges.
See also the UK 6th periodic report under the
ICESCR74.
110.40 (gender
equality)
110.40
Continue efforts in
the promotion of
women rights
(Indonesia)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.40 enjoys the support of
the UK.
The UK Government’s overarching approach to
advancing gender equality and our
determination to eliminate discrimination is set
out in the cross-Government Strategy ‘Building
a Fairer Britain’ published in December 2010.
Since publication of the strategy, we are
implementing a number of initiatives promoting
gender equality which includes:
- Working with the new Women’s
Business Council to develop a firm
programme of action;
- Increasing the numbers of companies
and voluntary sector organisations
The UK already has a very strong legal
framework (and effective remedies) for the
protection of human rights and for combating
discrimination, complemented by the UK
ratification (and implementation) of a range of
international human rights instruments both at
UN and regional level (see the Core Document
2014 (section 275), and also the response to
recommendation 110.29).
73
Page 36 of the HRI/CORE/GBR/2014
Pages 41-44 of the ICESCR 6th periodic report
75
Page 36 of the HRI/CORE/GBR/2014
76
https://www.gov.uk/government/publications/equality-strategy
74
38
The UK Government’s building block to
promote gender equality remains the 2010
strategy “Building a Fairer Britain”76 (and its
Reference
UPR
Recommendations
UK position in September 2012
-
-
-
-
Update (July 2014)
reporting on their action to improve
gender equality in the workplace.
Rolling out new programmes to
encourage business mentoring with
15,000 new mentors and to support rural
women entrepreneurs with a new fund
of £2m over 3 years;
Working on plans for flexible working
and shared parental leave, and take
forward our proposals on equal pay;
Working to increase the momentum on
implementing the recommendations of
Lord Davies’ review on women on
FTSE Boards;
Ensuring that women’s businesses have
fair access to finance.
Scotland
The Scottish Government continues to prioritise
the work to tackle gender inequality through the
allocation of funding to address its
consequences, such as the gender pay gap and
occupational segregation. Most recently, in
recognition of the disproportionate impact on
women of the recession, the First Minister
announced that a Women’s Employment
Summit, jointly organised with the Scottish
Trade Union Congress, would be held in
September this year and will investigate what
77
https://www.gov.uk/government/publications/the-equality-strategy-building-a-fairer-britain-progress-report
http://womensbusinesscouncil.dcms.gov.uk/
79
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change.htm
80
http://www.ofmdfmni.gov.uk/ofmdfm_equality_scheme__revised_september_2013_.pdf
81
http://www.legislation.gov.uk/ukpga/1998/47/section/75
78
39
2012 progress report77). More recent initiatives
include:
- Working with the Women’s Business
Council78 to implement a new UK
Government action plan following the
Council’s report of June 2013;
- Providing GBP£2m to help set up new
childcare businesses;
- Extending the right to request flexible
working to all employees from June
2014;
- Introducing a new system of shared
parental leave from April 2015.
- Implementing provisions of the Equality
Act 2010 that make pay secrecy clauses
unenforceable.
- Putting in place provisions so that
employment tribunals can require an
employer who loses an equal pay case to
carry out a pay audit.
In Northern Ireland, the Northern Ireland
Executive79 is progressing human rights and
equality in Northern Ireland, for example
through the Equality Schemes80 which require
approval by the ECNI, and which include
Northern Ireland public authorities’
arrangements for: assessing their compliance
with the equality duties under section 75
Northern Ireland Act 199881; assessing and
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
more can be done to improve the position of
women in the workplace.
consulting on the likely impact of policies on
the promotion of equality of opportunity;
monitoring any adverse impact of policies on
Wales
the promotion of equality of opportunity;
publishing the results of such assessments;
The Welsh Government is committed to the
training staff; ensuring and assessing public
promotion of women’s rights in Wales. Funding access to information and services provided by
for an all Wales Women’s Network was
the public authority. The “Gender Equality
awarded in November 2011. The role of this
Strategy”82 is the overarching strategy to deliver
network is to ensure that the issues, challenges
gender equality in Northern Ireland. The current
and priorities of women in Wales are heard by
strategy runs from 2006 to 2016.
Government and are then used to shape the
In January 2014, following a review of the
policy agenda.
strategy, approval was granted for the
development of a new strategy. This will
include a new action plan to deliver the
objectives of the strategy. The action plan will
address the gaps in gender equality identified by
the review and take account of international
obligations such as those under the CEDAW.
In Scotland, the first ever Women's
Employment Summit was held in partnership
with the Scottish Trade Union Congress on 12
September 2012, and the Scottish Government
has taken forward a range of actions aimed at
helping women to achieve their full potential in
the Scottish labour market, including:
- Legislating to increase the amount of
free early learning and childcare from
475 hours per year to a minimum of 600
hours per year for all 3 and 4 year olds;
- Providing the 'CareerWISE' initiative
with £250,000 over two years from
82
http://www.ofmdfmni.gov.uk/gender-equality-strategy-2006-2016
40
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
2013, to encourage girls to consider
careers in science and engineering;
- Establishing a Strategic Group on
Women and Work to oversee and advise
on the implementation of
recommendations from the Women's
Employment Summit;
- Reconvening a Cross-Government
Group on Occupational Segregation to
drive forward improvements in this
challenging area.
In addition, the Scottish Government has
established a strategic high-level Programme
Board to oversee work aimed at increasing the
representation of women on Scotland's public
boards. The Scottish Government supports
action to tackle the causes of pay inequality, and
its public sector pay policies require public
bodies to ensure that pay is fair and nondiscriminatory.
In Wales, the Welsh-specific equality duties
place a duty on public authorities to address
gender pay and employment differences.
Included within the Welsh Government’s
equality objectives are objectives to address pay
and employment differences and to take action
to address under-representation in public
appointments. To this end, Welsh Ministers
have agreed an Action Plan which includes
working with Chairs of public boards and
working with Sport Wales successfully to
increase the number of women on their board
and publish a case study of effective practice
and lessons learnt. Funding is also provided for
41
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
the Women’s Equality Network Wales (WEN
Wales).
110.41 (child
poverty)
110.41
Set out a clear
pathway to meet the
goal of ending child
poverty in the UK
by 2020 as stated in
the Coalition’s
programme for
government
(Norway)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.41 enjoys the support of
the UK.
The UK Government published its first strategy
to meet the goal of ending Child Poverty in the
UK by 2020 in April 2011, as required by the
Child Poverty Act. The strategy is being
implemented through Welfare Reform and the
introduction of Universal Credit; the
introduction of free education for all 3 and 4
year olds and for 40% of all 2-year olds; the
establishment of the Social Mobility and Child
Poverty Commission; and the introduction of
the Pupil Premium, among other measures.
The Child Poverty Act 201083 (s.2) remains the
building block for setting targets for ending
child poverty in the UK by 2020.
Scotland
In 2011, the Scottish Government published a
Child Poverty Strategy for Scotland which
focuses on early intervention and is linked to
related Government strategies on reducing
poverty and health inequalities as well as early
years education. The Scottish Government
reports annually on progress towards the four
UK child poverty targets and on actions under
the main aims of the Strategy: maximising
83
http://www.legislation.gov.uk/ukpga/2010/9/section/2
https://www.gov.uk/government/publications/child-poverty-strategy-2014-to-2017
85
https://www.gov.uk/government/policies/helping-to-reduce-poverty-and-improve-social-justice
86
https://www.gov.uk/government/publications/social-justice-transforming-lives-one-year-on
84
42
The UK Government published the 2014-2017
“Child Poverty Strategy” on 26 June 201484.
The strategy outlines the actions being taken to
meet the goals set in the Child Poverty Act. The
strategy focuses on raising the incomes of poor
children’s families by helping them get into
work, for example through the introduction of
Universal Credit. It supports the living
standards of low-income families, for example
by reducing energy bills, and will raise the
educational attainment of poor children, for
example by giving schools £2.5 billion a year in
2014/15 through the Pupil Premium. The UK
Government’s Social Justice Strategy85 focuses
on tackling the causes of poverty; a progress
report on this strategy was published in April
201386.
In Northern Ireland, the Northern Ireland
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
household resources and improving children’s
wellbeing and life chances.
Executive published a comprehensive strategy
in 2011, “The Child Poverty Strategy” 87, to
tackle child poverty and contribute to meeting
the UK’s 2020 target. Regular progress reports
on the roll out of the strategy are published on
the Northern Ireland Executive’s website88. In
2011, the Northern Ireland Executive introduced
the “Delivering Social Change” framework”89, a
new approach to tackling poverty across all ages
and improve the health, well being and life
opportunities of children and young people, to
break the cycle of intergenerational problems.
The new framework provides for a joined-up
approach across Northern Ireland government
departments and an investment of £27.6 million
towards targeted programmes to deliver early
intervention, help with literacy and numeracy,
early years provision and support during
transitions. The Northern Ireland Executive also
asked the National Children’s Bureau to
develop the “Child Poverty Outcomes
Framework” to tackle child poverty, which was
published in 201390. The Child Poverty
Outcomes Framework will form the basis of a
new Child Poverty Strategy, to be published
shortly.
Wales
The Welsh Government remains committed to
the aim of eradicating child poverty by 2020; to
ameliorating the impacts of poverty; and to
tackling the long term causes of poverty.
The Welsh Government’s Programme for
Government sets out the key actions it is taking
both to reduce poverty and to reduce the
likelihood that people will become poor.
The Tackling-Poverty Action Plan published in
June 2012 establishes a system of collaborative
working across the Welsh Government as well
as its partners to tackle poverty in Wales. The
Plan will provide regular updates and contain
details of measurable outcomes to show
progress.
In Scotland, the Scottish Government’s “Child
Poverty Strategy for Scotland – Our approach
2014-2017”91 was published in March 2014,
87
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change/poverty-and-social-inclusion.htm
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change/poverty-and-social-inclusion/child-poverty.htm
89
http://www.ofmdfmni.gov.uk/delivering-social-change
90
http://www.ncb.org.uk/media/1076520/child-poverty-outcomes-framework-september-2013.pdf
91
http://www.scotland.gov.uk/Topics/People/welfarereform/tacklingpovertyinscotland/CP
88
43
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
and focuses on: maximising household
resources, improving children’s wellbeing and
life chances, and ensuring that children from
low income households live in well-designed,
sustainable places. Most recent figures show
that child poverty in Scotland has fallen
substantially since devolution, from 28% in
1999-0092 to 19% in 2012-13. The Scottish
Government is also protecting household
incomes through the Social Wage. This includes
free personal care for the elderly, abolition of
tuition fees, scrapping of bridge tolls and
prescription charges, free eye examinations,
freezing of council tax, concessionary bus
passes and increasing the provision of free
nursery education. In addition, the Scottish
Government is committed to supporting the
Scottish Living Wage (new rate £7.65 p/h as of
1 April 2014), protecting the pay of the lowest
earners the Scottish Government have direct
responsibility for through the public sector pay
policy and encouraging employers in the public,
private and third sector in Scotland to do
likewise.
In Wales, the Welsh Government launched
“Building Resilient Communities - Taking
Forward the Tackling Poverty Action Plan” on
3 July 201393. This plan includes measurable
objectives and a clear vision on what the Welsh
Government is doing to tackle poverty to meet
the 2020 targets. The Action Plan focuses on
92
93
http://www.scotland.gov.uk/Resource/0044/00445863.pdf
http://wales.gov.uk/topics/people-and-communities/tacklingpoverty/publications/taking-forward-tack-pov-plan/?lang=en
44
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
three main areas: preventing poverty (by
reducing inequalities for example in educational
attainment); getting people into work by
improving employability and increasing skills;
and mitigating the effects of poverty (including
a focus on health and access to services). The
Welsh Government is closely monitoring the
roll out of the plan and a progress report will be
published in 2014.
110.42 (welfare,
rights)
110.42
Continue efforts in
enhancing the
welfare of all
segments of society
and protect their
rights
(Nepal)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.42 enjoys the support of
the UK.
The UK Government is committed to enhancing
the welfare of all segments of society through a
number of initiatives. For example, the
Government’s cross-Government Equality
Strategy ‘Building a Fairer Britain’, published
in December 2010 which sets out the
Government’s commitment to tackling the
barriers to equal opportunities and social
mobility. In addition, the UK has in place
extensive equalities and human rights
legislation, for example the Equality Act 2010
and the Human Rights Act 1998.
Welfare
94
https://www.gov.uk/government/policies/simplifying-the-welfare-system-and-making-sure-work-pays
http://www.legislation.gov.uk/ukpga/2012/5/contents/enacted .
96
https://www.gov.uk/government/collections/welfare-reform-act-2012-impact-assessments
97
https://www.gov.uk/government/collections/welfare-reform-act-2012-equality-impact-assessments
95
45
The UK Government is reforming the welfare
system in order to make it simpler and to
increase the incentives to encourage people on
benefits to start paid work (or to increase their
hours of paid work) 94. The main legislation
introducing the changes is the Welfare Reform
Act 201295; the Impact Assessments96, including
the Equality Impact Assessments97, on this
legislation are publicly available on the UK
Government’s website.
Amongst the measures being introduced is
Universal Credit, a new single system of meanstested support for working-age people who are
in or out of work. Support for housing costs,
children and childcare costs are integrated in the
new benefit. It also provides additions for
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
people with disabilities and for carers.
Through schemes like the Work Programme,
launched on 10 June 2011 and now in place
nationally, the UK Government is providing
more personalised back to work support for
those at risk of long term unemployment. Work
Programme providers are free to design support
based on individual and local need.
Since 8 April 2013, a Personal Independence
Payment (PIP) is progressively being introduced
to support disabled people; PIP is a non-meanstested, non-taxable cash benefit that claimants
can spend in a way that best suits them, and is
payable to people whether they are in or out of
work.
In Northern Ireland, a Welfare Reform Bill98 is
being considered by the Northern Ireland
Assembly.
In Scotland, the Scottish Government measures
its success through a National Performance
Framework99, which covers, amongst others, the
enjoyment of the rights to health, education and
housing. Specific national indicators mark
progress and highlight where further work is
needed. Equality, fairness and social justice are
at the heart of the Scottish Government’s vision
and it is providing over £60 million from the
Equality budget during 2012-15 to support and
develop the infrastructure and key organisations
and projects to advance equality across
98
99
http://www.nidirect.gov.uk/changes-to-benefits-welfare-reform
http://www.scotland.gov.uk/About/Performance/purposestratobjs
46
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Scotland, and to support equality work and the
capacity of communities to promote equality
and to engage in policy making. In relation to
the Equality Act 2010, further “specific duties”
were made by Scottish Ministers in May 2012
to enable the better performance of the equality
duty in the Act. The package of duties provides
a robust and proportionate framework to assist
in the delivery of improved outcomes for people
in Scotland and they run with the grain of public
service reform.
In Wales, following the Equality Act 2010, the
Welsh Government legislated to bring in
specific equality duties as set out in the Equality
Act 2010 (Statutory Duties) (Wales)
Regulations 2011100. The Welsh-specific
equality duties place responsibilities on the
public sector, including on: engagement;
equality impact assessments; pay differences;
procurement and equality; and employment
information across all protected groups. Public
authorities in Wales published their equality
objectives and their Strategic Equality Plans in
April 2012, which clearly laid out the actions
the public sector is taking to improve the lives
and wellbeing of its citizens. The Welsh
Government’s annual report on equality was
published in December 2013101.
Human rights protection
100
101
http://www.legislation.gov.uk/wsi/2011/1064/contents/made
http://wales.gov.uk/topics/equality/publications/equality-annual-report-12-13/?lang=en
47
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The UK has a very strong legal framework (and
effective remedies) for the protection of human
rights and for combating discrimination, namely
the Human Rights Act 1998 and the Equality
Act 2010, complemented by the UK ratification
(and implementation) of a range of international
human rights instruments both at UN and
regional level (see the Core Document 2014 –
section 2102).
110.43
(multiculturalism)
110.43
Intensify its efforts
to promote
multiculturalism at
all levels
(Pakistan)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.43 enjoys the support of
the UK.
Creating the Conditions for Integration,
published in February 2012, sets out the UK
Government's approach to integrated
communities based around common ground,
responsibility, empowerment and participation,
social mobility and consistent challenge to
extremism and intolerance. This new approach
marks a move away from previous policies
which have sometimes encouraged difference at
the expense of what we share in common. The
Government's new approach to integration
therefore focuses on celebrating what we have
in common and promoting the shared values
and shared commitments which underpin and
strengthen our national identity.
The Government is supporting a number of
locally led projects which encourage links and
dialogue between people from different faith
The UK Government’s document “Creating the
Conditions for Integration”103 of February 2012
continues to be the building block setting out
the UK Government’s approach to integration.
The UK Government is currently supporting
over 30 practical projects104 which demonstrate
positive or pioneering ideas and create the
conditions for people to live successfully
alongside each other. The UK Government aims
to create a modern and inclusive national
identity where everyone can celebrate national
achievements, and therefore also supports
national projects in which everyone can
participate. A number of projects aim to provide
opportunities for young people, particularly
those from deprived backgrounds, to participate
in community and economic life and to mix
with those different themselves through sport or
102
Page 36 of the HRI/CORE/GBR/2014
https://www.gov.uk/government/publications/creating-the-conditions-for-a-more-integrated-society
104
https://www.gov.uk/government/policies/bringing-people-together-in-strong-united-communities
103
48
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
and cultural backgrounds, including 'A Year of
Service,' a programme which encourages faith
communities to come together to serve the
wider community; and a nationwide community
music day which offers the opportunity for
communities to come together through musical
performances.
other activities. Examples of other integration
projects include a programme to promote
volunteering amongst faith groups; projects to
highlight the contributions and sacrifices of
Commonwealth soldiers during the First World
War and a programme to monitor anti-Muslim
hate incidents.
Scotland
In Northern Ireland, the Northern Ireland
Executive launched in May 2013 the “Together:
The Scottish Government has taken a range of
Building a United Community” strategy105,
measures to deliver race equality and better
aimed at improving community relations in
outcomes for Scotland’s minority ethnic and
Northern Ireland including by focusing on
faith communities. The £20 million of funding children and young people (for example, by
provided since 2008 to organisations to
creating shared educational campuses) and the
organisations and projects working on the
community (for example, by creating new
ground supports this, along with the strong
shared neighbourhood developments, and by
relations the Scottish Government have
reducing interface barriers). Comprehensive
developed with a range of communities and
housing initiatives are also in place to promote
intermediary bodies.
community cohesion and good relations through
housing106. It is also consulting on a new racial
Wales
equality strategy – a “Sense of Belonging” –
which is aimed at tackling racial inequalities
The Welsh Government is committed to
and promoting good race relations. The strategy
promoting race equality and has established the will be published later in 2014 and programmes
Wales Race Forum. The Forum will help the
of work to implement it will follow.
Welsh Government to understand the key issues Additionally, the Office of the First Minister
and barriers within BME communities and will and Deputy First Minister is providing funding
enable the Welsh Government to engage on an
of over £1m per annum to encourage
ongoing basis rather than just consulting on
organisations working to promote integration.
105
106
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/good-relations/together-building-a-united-community.htm
http://www.nihe.gov.uk/index/community.htm
49
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
specific issues.
In Scotland107, the Scottish Government is
developing a new approach to race equality in
Scotland (“Equal for All. Better for All”),
working in partnership with key race equality
stakeholders, and building on the “Race
Equality Statement 2008”. The discussion paper
details four priority areas: poverty and
employment; discrimination and hate crime;
representation in public life; and strong,
resilient communities.
From 2012-15, the Scottish Government is
providing over £8 million from its equality
budget to organisations working to address race
equality in Scotland.
The Scottish Government is committed to
advancing the integration of Roma communities
and improving conditions for Gypsy/Travellers
through research, planning and financial
support. It is working to develop an
overarching strategy and action plan for
Gypsy/Travellers which builds on existing work
and draws on the recommendations of recent
inquiries undertaken by the Scottish
Parliament’s Equal Opportunities Committee.
A strategy for integration of refugees, the “New
Scots: Integrating Refugees in Scotland’s
Communities”108, was published in December
2013. The Scottish Government will also
provide £2.81 million for the period 2012-15 to
organisations working with refugees and asylum
107
108
http://www.scotland.gov.uk/Topics/People
http://www.scotland.gov.uk/Publications/2013/12/4581
50
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
seekers in Scotland (the £2.81 million is
included in the £8 million mentioned above).
In Wales109, the Welsh Government has an
ongoing community cohesion strategy, “Getting
on Together”110, which was launched in 2009
and is now in phase two of delivery, to promote
social inclusion and tolerance. Funding of
£5million supported the strategy, which
included over 650 projects across Wales
between 2009- 2012. Phase two of delivery is
focussed on how support can be provided
through the Equality Act 2010 to promote good
relations. The Welsh Government also funded
Regional Community Cohesion Officer Posts
across all 22 local authority areas. Additional
funding has been agreed to extend the Posts to
2016 and to deliver a national Community
Cohesion Work Programme. The Welsh
Government has established a Wales Race
Forum, to engage and understand the key issues
and barriers facing BME (black and minority
ethnic) communities in Wales, and a Faith
Communities Forum, bringing together
representatives of different faith groups to
discuss key inter-faith issues.
The Welsh Government has also continued to
fund the Wales Migration Partnership to ensure
a more strategic, co-ordinated and effective
approach is taken to support the inclusion of
migrants, their families and communities in all
109
110
http://wales.gov.uk/topics/people-and-communities/?lang=en
http://wales.gov.uk/statistics-and-research/evaluation-getting-together-community-cohesion-strategy-wales/?lang=en
51
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
aspects of Welsh society. In December 2012,
the Wales Migration Partnership hosted Wales’
first ever national conference on migration
aimed at setting out the challenges associated
with increasing migration and diversity.
110.44 (human
rights protection)
110.44
Take further
measures for the
promotion and
protection of
human rights,
including those of
migrants
(Nepal)
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.44 enjoys the support of
the UK in part, for the reasons set out in the
response to recommendation 110.14 (on the
The UK accepts the recommendation to protect rights of migrant workers) and recommendation
the rights of migrants and has in place extensive 110.32 (on the UK framework to protect human
human rights and equalities legislation (for
rights and to combat discrimination).
example, the Human Rights Act 1998 and the
Equality Act 2010) which affords protection of See also the response to recommendation
the rights of those on its territory. In addition,
110.43.
migrants who are legally working on the
territory of the United Kingdom enjoy the full
protection of UK employment law and its
policies on the admission of migrant workers
are designed to ensure that those sponsoring the
admission of such workers comply with their
responsibilities under employment law. The UK
also has in place regulatory regimes, such as
those administered by the Employment
Agencies Standards Inspectorate and the
Gangmasters Licensing Authority which are
designed to protect the interests of vulnerable
workers, including those come from overseas.
The relevant UK authorities do make
information available to migrants concerning
their rights as well as their responsibilities.
However, the UK Government does not accept
that it needs to take further measures, including
legislation, in this area.
52
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Scotland
The Scottish Government works closely with,
and provides funding to, the Scottish Refugee
Council, a strategic partner in this area, to
ensure those seeking asylum and refugee
protection in Scotland are welcomed and
supported.
Wales
The Welsh Government has responsibility to
migrants resident in Wales under its health,
education, social services functions and through
its community cohesion agenda. The Welsh
Government funds The Wales Migrant
Partnership to ensure a more strategic, coordinated and effective approach is taken to
supporting the successful inclusion of migrants,
their families and communities in all aspects of
Welsh society.
Also see recommendations 110.108 and
110.110
110.45 (human
rights protection –
British Overseas
Territories)
111
110.45
Continue to support
overseas territories
to abide with basic
human rights
protection for all
(Trinidad and
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.45 enjoys the support of
the UK.
The UK and the Territories share a common
agenda to promote respect for human rights and
tackle discrimination. The UK Government
expects the Territories to abide by the same
The UK and the BOTs remain committed to
promoting respect for human rights and tackling
discrimination. At the Overseas Territories Joint
Ministerial Council in November 2013111, for
https://www.gov.uk/government/publications/overseas-territories-joint-ministerial-council-communique--2
53
Reference
UPR
Recommendations
Tobago)
UK position in September 2012
Update (July 2014)
basic standards of human rights as the UK.
Territory Governments, with support from the
UK, are doing a great deal of work to look after
vulnerable members of society and to tackle
discrimination.
example, the UK and the Territories’
Governments committed to working together to
fulfil their commitment progressively to extend
the main UN human rights instruments to the
BOTs, where these have not been extended
already (see the Core Document 2014 – section
on the BOTs112).
See also the response to recommendation 110.2.
110.46
(monitoring the
implementation of
UN
recommendations,
human rights
action plan)
110.46
Adopt and
implement a
concrete plan of
action realizing
recommendations of
treaty bodies and
UN human rights
mechanisms, and
international
human rights
obligations
(Islamic Republic of
Iran)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.46 enjoys the support of
the UK.
The UK Government believes consultation with
civil society is a vital part of the Universal
Periodic Review (UPR) process and other
human rights treaty mechanisms. The Ministry
of Justice, as the department with responsibility
for domestic human rights policy, is consulting
across the UK Government, with the Devolved
Administrations and civil society to determine
the best approach to developing a framework
for monitoring implementation of the UPR
recommendations that enjoy the support of the
UK and observations from treaty monitoring
bodies the UK is party to.
The monitoring of (and the response to) UN
recommendations to the UK is coordinated by
the lead Government Department on the
particular UN human rights instrument, closely
liaising with the Devolved Administration and,
where relevant, the BOTs and the CDs.
In preparing the response to UN
recommendations, civil society organisations
and the NHRIs are regularly engaged. For
example, in preparing this UPR Mid Term
Report and also the UK 6th periodic report under
the ICESCR, the UK Government sought
comments from various organisations, including
the NHRIs and NGOs. Stakeholder events were
held in London, Edinburgh (hosted by the
Scottish Government), Cardiff (hosted by the
Welsh Government) and Belfast. An online
submission system (on the website of the
Ministry of Justice) was also opened to allow
the wider public and organisations to submit
Scotland
The Scottish Government has had initial
discussions with the Scottish Human Rights
Commission regarding their call for a Scottish
Human Rights Action Plan. The Scottish
112
Pages 45-119 of the HRI/CORE/GBR/2014
54
Reference
110.47 (response
rate to Human
Rights Council
special
UPR
Recommendations
110.47
Improve the
response rate of the
UK to the
UK position in September 2012
Update (July 2014)
Government is supportive of an action plan in
principle, and are considering further how they
might engage further with this initiative.
comments.
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.47 enjoys the support of
the UK.
The UK cooperates fully with Special
The UK continues to cooperate fully with the
113
https://www.gov.uk/government/publications/a-call-to-end-violence-against-women-and-girls-action-plan-2014
https://www.gov.uk/government/publications/bhr-action-plan
115
http://www.scotland.gov.uk/About/Performance/Strategic-Objectives
116
http://www.scottishhumanrights.com/actionplan
114
55
However, the UK Government has no plans to
establish a national human rights action plan
covering the UK, the BOTs and the CDs. The
development and management of such a plan
would have implications in the context of the
devolution process as well as in the relationship
between the UK, the BOTs and the CDs. The
UK Government does, however, already have
specific plans for tackling areas of concern, for
example on combating violence against women
and girls113, and on business and human
rights114.
Human rights promotion and implementation is
further strengthened at devolved level. In
Scotland, the Scottish Government’s “National
Performance Framework”115 and “Scotland’s
National Action Plan for Human Rights”116
represent strong examples of Scotland’s
commitment to human rights. In Wales, the
Welsh Government engages with stakeholders
for expert advice and support when reporting on
human rights.
Reference
procedures)
UPR
Recommendations
communications
from the Human
Rights Council
mechanisms
(Hungary)
UK position in September 2012
Update (July 2014)
Procedures of the Human Rights Council, and
encourages others to do likewise. Our response
rate to communications is already positive, but
we are always willing to look at ways to
improve. For example, one step we are
looking into is keeping a log of all
communications received so that we can
accurately report on our response rate at our
mid-term review.
Special Procedures of the Human Rights
Council, and, since March 2001117, has in fact
accepted the standing invitation to all UN
thematic special procedures. Since September
2012, the UK was visited by the:
- UN Working of Experts on People of
African descent (1-5 October 2012). The
UK response to the visit report is
publicly available.
- UN Special Rapporteur on Freedom of
Association and Assembly (14-23
January 2013). The UK response to the
visit report is publicly available.
- UN Special Rapporteur on Adequate
Housing (29 August - 11 September
2013). The UK response to the visit
report is publicly available.
- UN Special Rapporteur on Violence
Against Women, its Causes and
Consequences (31 March - 15 April
2014). The UK response to the visit
report will be published in due course.
See also the response to recommendation
110.46.
110.48 (ECtHR
judgments
implementation,
EU accession to
the ECHR)
117
110.48
On the basis of the
UK’s commitment
to the rule of law,
comply with the
rulings of the
European Court of
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.48 enjoys the support of
the UK.
The UK is committed to the European
Convention on Human Rights and to honouring
its obligations under the Convention. As
underlined in the latest annual report published
ECHR
http://www.ohchr.org/EN/HRBodies/SP/Pages/Invitations.aspx#uk
56
The UK continues to comply with its
international obligations under the ECHR, but
Reference
UPR
Recommendations
Human Rights on
the cases
concerning the
United Kingdom, as
well as promote the
participation and
cooperation of the
European Union
and its Member
States with the
Court
(Mexico)
UK position in September 2012
Update (July 2014)
by the Committee of Ministers of the Council of
Europe covering 2011118, the UK’s overall
record on the implementation of judgments
continues to be a strong one. At 31 December
2011, according to the statistics in the annual
report, the UK was responsible for a relatively
low number of pending cases before the
Committee of Ministers (40 cases), representing
0.37% of the overall total.
the speed of implementation of the ECtHR
judgments may vary, depending on the
complexity of the issues involved. The UK
Government’s report of October 2013 on the
implementation of the judgments of the ECtHR
is publicly available.
Generally, the UK’s approach to the
implementation of judgments has been timely
and effective and the action taken to address
issues highlighted by the ECtHR has usually
been shown to be effective. At the same time,
the UK recognises there will always be some
particularly sensitive and difficult areas in
which progress towards implementation will
not be as rapid as in other cases. This is a
consequence of the complexity of the issues
raised in such cases
During its Chairmanship of the Council of
Europe from November 2011 to May 2012, the
UK took an active lead to deliver a substantial
package of reform to the Court, set out in the
Brighton Declaration. The net effect of the
measures in the Declaration should be that more
cases are resolved at the national level, which
should mean that fewer cases are considered by
the Court. Fewer cases should mean that the
118
In summary, at 31 December 2012, the UK was
responsible for 39 pending judgments
(approximately 0.35% of the total) before the
Council of Europe Committee of Ministers,
which oversees the implementation of the
ECtHR judgments.
The Council of Europe 7th Annual Report of the
Committee of Ministers on “Supervision of the
execution of judgments and decisions of the
European Court of Human Rights” dated March
2014 is also publicly available. This report
confirms a continuing decrease in the number of
pending judgments for which the UK is
responsible (from 39 to 27 at 31 December
2013, approximately 0.24% of the total).
It should also be noted that the number of
applications to the ECtHR against the UK is
also falling. According to the latest statistics119
from the Council of Europe, at 1 April 2014,
there were 1,583 applications against the UK
(down from 2,517 at 1 January 2014, and
approximately 1.65% of the total number of
The Committee of Ministers 5th annual report Supervision of the execution of judgments of the European Court of Human Rights, published in April 2012 and covering the
year 2011: http://www.coe.int/t/dghl/monitoring/execution/Documents/Publications_en.asp
119
Council of Europe Secretariat of the Committee of Ministers, Statistics of the European Court of Human Rights on case-management survey (01/01-31/03 2014), case by
country and Brighton backlog by country at 01/04/2014, DD(2014)494, 15 April 2014.
57
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Court is able to focus more on the important
cases and do so more quickly.
applications to the Court).
This work should promote the participation and
cooperation of all of the High Contracting
Parties to the European Convention on Human
Rights with the Court and not just be limited to
the European Union Member States.
The Scottish Government also remains fully
committed to complying with and implementing
rulings from the ECtHR where they apply to
Scotland, and appreciates the role of the Court
as a key institution in ensuring that human
rights are observed and implemented across the
Council of Europe.
EU accession to the ECHR
The terms of accession are currently being
negotiated between the EU and the Council of
Europe. The UK actively participates in these
discussions. A draft accession agreement from
April 2013 is publicly available.
110.49 (equality
and nondiscrimination)
121
110.49
Review national
legislation to ensure
equality and nondiscrimination
(Egypt)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.49 enjoys the support of
the UK.
This recommendation has already been
implemented. Following a thorough review, the
Equality Act 2010 recently replaced all
previous anti-discrimination laws with a single
Act. The Act also strengthened protection in
some situations. The Act covers nine protected
characteristics: age, disability, gender
reassignment, marriage and civil partnership,
pregnancy and maternity, race, religion or
belief, sex and sexual orientation.
The UK legal framework to protect human
rights and to combat discrimination is set out in
general terms in the Core Document 2014
(section 2D121). In particular, s.19 Human
Rights Act 1998 requires a UK Government
Minister introducing legislation to the UK
Parliament to make a statement either that in
his/her view the provisions of the legislation are
compatible with the ECHR (including Article
14 ECHR which prohibits discrimination on any
ground in the enjoyment of the ECHR rights),
Page 39 of the HRI/CORE/GBR/2014
58
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The Equality Act prohibits direct and indirect
discrimination, harassment, victimisation and
failing to make a reasonable adjustment for a
disabled person. It prohibits unfair treatment in
the workplace, when providing goods, facilities
and services, when exercising public functions,
in the disposal and management of premises, in
education and by associations (such as private
clubs).
or that, if the Minister is unable to make such a
statement, the Minister nevertheless wishes the
UK Parliament to proceed with the legislation.
Furthermore, under s.29 Scotland Act 1998122,
s.6 Northern Ireland Act 1998123, and s.94
Government of Wales Act 2006124, the
Devolved Administrations cannot adopt
legislation which is incompatible with the
ECHR rights (thus including Article 14 ECHR).
This approach ensures that human rights
The Act also contains the public sector Equality principles, including combating discrimination,
Duty which requires public bodies to have due
are central to the consideration of domestic laws
regard to the need to eliminate discrimination,
across the UK whilst preserving the
advance equality of opportunity, and foster
constitutional principle of parliamentary
good relations between different people when
supremacy of the UK Parliament.
carrying out their activities.
The UK Government set up an independent
Review of the Public Sector Equality Duty in
Wales
2012 to examine whether the Duty is operating
as intended. The Review reported on 6
The Equality Act 2010 (Statutory Duties)
September 2013 with recommendations to help
(Wales) Regulations 2011120 require appropriate public bodies to improve the way they
arrangements to be put in place for assessing
implement the legislation. The UK
the equality impact of policies and practices. As Government’s response, published on the same
with all public authorities in Wales, the Welsh
day125, welcomed the report and endorsed the
Government is required to carry out equality
recommendations which were aimed at the
impact assessments across all of the protected
EHRC, public bodies, contractors and the UK
characteristics. Part of this is about assessing
Government. These are now being followed up,
the impact that policies and actions may have
including the Review’s recommendation that
on the people of Wales.
the Public Sector Equality Duty should be
120
The National Assembly for Wales has legislative competence over equal opportunities in respect of public bodies exercising devolved functions in Wales. Under the
Equality Act 2010 Welsh Ministers also have regulation making powers to impose specific public sector equality duties on public authorities in Wales.
122
http://www.legislation.gov.uk/ukpga/1998/46/section/29
123
http://www.legislation.gov.uk/ukpga/1998/47/section/6
124
http://www.legislation.gov.uk/ukpga/2006/32/section/94
125
https://www.gov.uk/government/publications/the-independent-steering-groups-report-of-the-public-sector-equality-duty-psed-review-and-government-response
59
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
evaluated again in 2016.
In Northern Ireland, the Northern Ireland
Executive126 is progressing human rights and
equality for example through the Equality
Schemes127 which require approval by the
ECNI, and which include Northern Ireland
public authorities’ arrangements for: assessing
their compliance with the equality duties under
s.75 Northern Ireland Act 1998128; assessing
and consulting on the likely impact of policies
on the promotion of equality of opportunity;
monitoring any adverse impact of policies on
the promotion of equality of opportunity;
publishing the results of such assessments;
training staff; ensuring and assessing public
access to information and services provided by
the public authority. The Office of the First
Minister and Deputy First Minister is also
working with the NIHRC to deliver training to
civil servants on obligations under the Human
Rights Act 1998, the UN and other treaties that
the UK has ratified.
In Scotland, through The Equality Act 2010
(Specific Duties) (Scotland) Regulations
2012129, the Scottish Government implements
the public sector equality duty (PSED) in the
Equality Act 2010, which is supporting work to
identify unlawful discrimination and encourage
the promotion of equality across Scotland.
126
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change.htm
http://www.ofmdfmni.gov.uk/ofmdfm_equality_scheme__revised_september_2013_.pdf
128
http://www.legislation.gov.uk/ukpga/1998/47/section/75
129
http://www.legislation.gov.uk/ssi/2012/162/contents/made
127
60
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Scottish authorities are under a duty to assess
and review their policies and practices against
the requirements of the PSED.
In Wales, through The Equality Act 2010
(Statutory Duties) (Wales) Regulations 2011130,
the Welsh Government remains committed to
assessing its decisions for equality impacts, in
order to meet the duties set out in the Welsh
Specific Equality Duties, and to ensure that its
decisions promote equality of opportunity for
protected groups, prevent discrimination and to
foster good relations between groups. As with
all public authorities in Wales, the Welsh
Government is required to carry out equality
impact assessments of its decisions, policies and
practices across all of the protected
characteristics.
Furthermore, the Welsh Government’s
“Strategic Equality Plan”131, published in 2012,
has eight outcome-focused equality objectives.
The objectives are based on robust evidence
including from extensive and ongoing
engagement with organisations and individuals.
Unlike under previous equality duties, public
authorities in Wales need to say why an action
needs to be taken, the desired outcome, what is
going to be delivered, by when and how it will
be achieved. Objectives include: a focus on
tackling hate crime; addressing ethnic, gender
and disability employment and pay differences;
improving advice services for those with
130
131
http://www.legislation.gov.uk/wsi/2011/1064/contents/made
http://wales.gov.uk/topics/equality/equalityactatwork/?lang=en
61
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
protected characteristics; tackling underrepresentation of protected groups on public
appointments; improving access to key public
services, in particular health, housing and
social services and reducing the number of
young people not in education, employment or
training with a particular focus on ethnicity,
disability and gender.
Finally, the Welsh Government published a
“Framework for Action for Independent
Living”132 to promote disabled people’s right to
live independently and exercise choice and
control in their daily lives.
110.50 (equality
and nondiscrimination)
110.50
Continue stepping
up its efforts in
tackling
discrimination and
inequality for all its
citizens
(Indonesia)
The recommendation enjoys the support of the
United Kingdom.
The UK Government’s vision for equality is set
out in the cross Government Equality Strategy
‘Building a Fairer Britain’ published in
December 2010. The strategy sets out the
government’s commitment to tackling
discrimination and removing the barriers to
equal opportunities and social mobility.
Current priorities include: maximising women’s
contribution; changing culture and removing
barriers; and promoting simplification, reform
and support.
Wales
132
http://wales.gov.uk/topics/equality/rightsequality/disability/framework-for-action/?lang=en
62
Recommendation 110.50 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.49.
Reference
110.51 (nondiscrimination
and combating
VAWG)
UPR
Recommendations
110.51
Continue efforts to
combat
discrimination on
any ground and
violence against
women and girls
(Cuba)
UK position in September 2012
Update (July 2014)
The Welsh Government Strategic Equality Plan
was published in 2012133. It has outcomefocused equality objectives which put the
spotlight on the practical differences we need to
make to people’s lives. Objectives are based on
the robust evidence that Welsh public bodies
(including the Welsh Government itself) have
gathered, and on engagement with organisations
and individuals. Unlike previous equality
duties, public authorities need to say why an
action needs to be taken, the desired outcome,
what is going to be delivered, by when and how
it will be achieved.
The recommendation enjoys the support of the
Recommendation 110.51 enjoys the support of
United Kingdom.
the UK.
The UK submitted its seventh Periodic Report
to the UN Convention of the Elimination of all
forms of Discrimination against Women
(CEDAW) in June 2011. The Violence Against
Women and Girls Action Plan also specifically
commits the UK to strongly support the
ratification of CEDAW and to lobby for the full
implementation of the Convention.
Scotland
The Scottish Government has been recognised
internationally for the focus it has given to
133
http://wales.gov.uk/topics/equality/equalityactatwork/?lang=en
Page 49 (and following pages) of CEDAW/C/GBR/7
135
Page 11 (and following pages) of CEDAW/C/GBR/Q/7/Add.1
136
Page 79 (and following pages) of CCPR/C/GBR/7
137
Page 7 (and following pages) of CAT/C/GBR/Q/5Add.1
134
63
See also the response to recommendation
110.29.
The UK’s efforts to combat VAWG are
summarised in the UK 7th periodic report under
the CEDAW134 (and the UK response to the list
of issues under the CEDAW examination in
July 2013135), the UK 7th periodic report under
the ICCPR136, and the UK response to the list of
issues under the CAT (Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment) examination137. In
June 2014, the UK Government also hosted the
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
addressing violence against women. The
Scottish Government’s violence against women
strategy ‘Safer Lives, Changed Lives’ is
currently being refreshed to give a sharper
focus on the prevention and early intervention,
data and outcome measurement and the impact
on minority ethnic women.
“Global Summit to End Sexual Violence in
Conflict”138, which brought together various
NGOs and foreign governments to: challenge
the culture of impunity for sexual violence in
conflict; take steps to reduce the dangers
women face in conflict zones; increase the
support for survivors of sexual violence; and
change attitudes towards rape in war.
Wales
The Welsh Government wants Wales to be a
self confident, prosperous, healthy nation and
society which is fair to all. The Welsh
Government has made it clear that domestic
abuse, sexual harassment, rape, forced
marriage, trafficking, honour crimes and female
genital mutilation are completely unacceptable.
The Welsh Government’s approach is set out in
‘Right to be Safe’ – its strategy for tackling
violence against women (see response to
recommendation 110.69)
138
https://www.gov.uk/government/news/global-summit-to-end-sexual-violence-in-conflict-latest-updates
https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime
140
https://www.gov.uk/government/publications/a-call-to-end-violence-against-women-and-girls-action-plan-2014
139
64
In December 2013, the UK Government
implemented a new “Code of Practice for
Victims of Crime”139 which outlines that
victims of domestic violence are entitled to
receive enhanced services and support from
criminal justice agencies, as they are victims of
the most serious crime.
On 8 March 2014, the UK Government updated
its Action Plan “A Call to End Violence against
Women and Girls” 140 which sets out details of
the progress made and the emerging challenges
in combating VAWG. The Action Plan is
guided by four key principles: prevention;
provision of services for victims; partnership
working; and risk reduction and improved
justice outcomes. The UK Government has
ring-fenced nearly £40 million until 2015 for
specialist local support services and national
helplines. Recent activities include: introduction
of two new stalking offences; extension of the
definition of domestic violence and abuse to
include 16/17 year olds and coercive control;
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
national prevention campaigns to encourage
teenagers to rethink their views about rape,
consent, violence and abuse within their
relationships; national roll out of Domestic
Violence Protection Orders and the Domestic
Violence Disclosure Scheme (in England and
Wales).
In Northern Ireland, key measures to support
and protect victims of domestic and sexual
violence and abuse include:
 The “Rowan Sexual Assault Referral
Centre” (SARC), for all people who
have been sexually assaulted or raped.
The centre opened to police referrals in
May 2013, and to third party and self
referrals in September 2013. Up until
June 2014, there have been 500 referrals
to the SARC, of which 42% are under
the age of 18.
 A “Regional Directory of Services” was
published in March 2010 and updated in
2013. This directory details all existing
services available for children and adults
across the voluntary and statutory
sectors.
 An anti-rape campaign specifically
targeting students in further and higher
education was re-launched in September
2010 to reinforce the message that nonconsensual sex is a crime, and to raise
awareness of how alcohol can impact
judgement.
 Work is ongoing on the commissioning
of advocacy services for high risk
65
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
victims of domestic violence and for
victims of sexual violence and abuse.
 The establishment in January 2010 of
“Multi-Agency Risk Assessment
Conferencing” (MARAC) across
Northern Ireland. Since then, over 6,700
high risk victims of domestic violence
have had safety plans put in place to
protect them – plans which have
included almost 9,000 children.
 In December 2011, a scheme allowing
victims of domestic violence to access
legal aid quickly was made permanent.
A new “Strategy on Domestic and Sexual
Violence and Abuse” is under development and
will be published in 2015. This new strategy
will replace the existing separate strategies,
“Tackling Violence at Home” and ‘Tackling
Sexual Violence and Abuse”, an their associated
Action Plans141. It is intended that the new
strategy will respond to the needs of all
victims/survivors of domestic and sexual
violence and abuse, regardless of their age,
gender, sexual orientation, religion, ethnicity,
socio-economic circumstances or disability.
The priorities identified within the new strategy
are centred on five key themes: driving change;
prevention and early intervention; delivering
change; and support, protection and justice.
Implementation of the priorities will be
managed and overseen by a regional strategy
group, supported by a number of stakeholderled sub-groups.
141
http://www.dhsspsni.gov.uk/dv-publications
66
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
In Scotland, tackling VAWG is a top priority
for the Scottish Government, which is
committed to reducing and eventually
eradicating it. The Scottish Government
committed £34.5m in total to tackle domestic
abuse and other forms of violence against
women for the period of 2012-15, and continues
to work closely with key partners such as Police
Scotland, Local Authorities, NHS Boards and
voluntary sector organisations to ensure that
perpetrators are held to account, and that
victims and their children have the services they
require. Through collaborative work
underpinned by financial commitment, the
Scottish Government continues to implement
the “Safer Lives, Changed Lives” approach. On
25 June 2014, the Scottish Government
published “Equally Safe: Scotland’s strategy for
preventing and eradicating violence against
women and girls”142.
In Wales, the Welsh Government continues to
deliver the actions identified in the “Right to be
Safe”143 strategy, and carried out a public
consultation (which closed in February 2013) on
specific legislation on combating violence
against women, domestic abuse and sexual
violence. Major achievements on combating
VAWG include for example: the provision of
£4.3 million to support effective “Violence
against Women and Domestic Abuse”
142
143
http://www.scotland.gov.uk/Publications/2014/06/7483
http://wales.gov.uk/topics/people-and-communities/safety/domestic-abuse/?lang=en
67
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
(VAWDA) services to victims across Wales;
engaging with around 300 service users and
service providers; improving the sharing of
intelligence on human trafficking incidents in
Wales; creating a route map for service
providers so they know how to respond to
occurrences of human trafficking; running three
successful publicity campaigns; continuing to
progress implementation of the “10,000 Safer
Lives”144 project to improve the multi-agency
service provided to victims of domestic abuse.
110.52 (gender
equality)
110.53 (nondiscrimination)
144
146
110.52
Give priority
attention to the
questions of gender
equality and
discrimination
against women
(Uzbekistan)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.52 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.40.
110.53
Take effective
measure to
eliminate
discrimination on
the grounds of race,
religion and
nationality and to
guarantee the rights
of Muslims, Roma
people and migrant
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.53 enjoys the support of
the UK.
The Equality Act 2010 provides extensive
protection from discrimination, harassment and
victimisation because of a person’s race (which
includes their colour, nationality or ethnic or
national origins) and religion or belief (which
includes a lack of religion or belief), as well as
their age, disability, gender reassignment,
marriage or civil partnership status, pregnancy
As outlined in the Core Document 2014 (section
2146), the UK has a very strong legislative
framework to protect individuals and
communities from discrimination,
complemented by the UK ratification (and
implementation) of a range of international
human rights instruments at United Nations and
regional level. This framework is kept under
See response to recommendation 110.40
http://wales.gov.uk/topics/improvingservices/pslg/nwp/effectservices/10ksaferlivesreport/?lang=en
Page 36 of the HRI/CORE/GBR/2014
68
Reference
UPR
Recommendations
workers
(China)
UK position in September 2012
Update (July 2014)
or maternity, sex, and sexual orientation. The
Act also includes a public sector Equality Duty
which requires public bodies to have due regard
to eliminating discrimination, advancing
equality of opportunity and fostering good
relations between different groups when
carrying out their activities. This legislation
protects all individuals, including Muslims,
Roma and migrants.
review to ensure it remains effective and
appropriate in the face of new challenges.
Scotland
In Northern Ireland, the Northern Ireland
Executive is consulting on a new racial equality
strategy – “A Sense of Belonging” – which is
aimed at tackling discrimination, race and
hatred. Amongst other things, it is consulting on
whether the existing legislation needs to be
strengthened. The strategy will be published
later in 2014, and programmes of work to
implement it will follow.
See response to recommendation 110.40
Wales
The Welsh Government has numerous
measures in place to eliminate discrimination
and ensure that continued dialogue is in place
through mechanisms such as specific equality
duties (under the Equality Act 2010 (Statutory
Duties) (Wales) Regulations 2011)145, the Faith
Communities Forum, the Race Forum, and our
Community Cohesion Strategy.
145
In Scotland, the Scottish Government values
diverse ethnic communities, the contribution
they make and the important role they play in
enriching Scotland socially, culturally and
economically. While measures taken to address
these issues operate for the most part within the
existing UK-wide legislative framework, the
Scottish Government took a range of measures
to enhance race equality for Scotland’s
minority, ethnic and faith communities. The
Scottish Government is developing a new
approach to race equality in Scotland (“Equal
for All. Better for All”), working in partnership
with key race equality stakeholders, and
building on the “Race Equality Statement 2008”
147
. The discussion paper details four priority
areas: poverty and employment; discrimination
and hate crime; representation in public life; and
The National Assembly for Wales has legislative competence over equal opportunities in respect of public bodies exercising devolved functions in Wales. Under the
Equality Act 2010 Welsh Ministers also have regulation making powers to impose specific public sector equality duties on public authorities in Wales.
147
http://www.scotland.gov.uk/Topics/People/Equality/18934/RaceEqualityStatement
69
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
strong, resilient communities., The Scottish
Government is providing over £8 million in race
equality funding from 2012–15 to organisations
and projects working on the ground. A
campaign to raise awareness about hate crime,
including racism, was launched in February
2014 to empower those who experience or
witness crime based on prejudice to report all
incidents to Police Scotland.
A new Equality website was launched in July
2014.
In Wales, the Equality Act 2010 (Statutory
Duties) (Wales) Regulations 2011 require
public authorities to take prescribed steps to
show that they are meeting the general equality
duty. These include ensuring appropriate
arrangements are put in place for assessing the
equality impact of policies and practices. This
work is supported through the ongoing
engagement with the Faith Communities Forum,
the Wales Race Forum, and the Welsh
Government Budget Advisory Group for
Equality (BAGE), which has been established to
assist in the ongoing development and
improvement of the Equality Impact
Assessment of the Welsh Government Budget.
This contributes to ensuring that Welsh
Government’s spending plans and budget
allocations advance equality and encourage
good relations. These goals are further
supported by the Welsh Government’s
“Community Cohesion Strategy”148 and through
148
http://wales.gov.uk/topics/people-and-communities/communitycohesion/publications/strategy/?lang=en
70
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
the “Tackling Hate Crimes and Incidents: A
Framework for Action”149.
See also the responses to recommendations
110.43, 110.49 and 110.90.
110.54 (“stop and
search”)
110.54
Take further steps
to address ethnic
profiling in practice
(Greece)
The recommendation does not enjoy the support Recommendation 110.54 does not enjoy the
of the United Kingdom.
support of the UK.
The Police and Criminal Evidence Act (PACE)
Code of Practice A makes clear that powers to
stop and search must be used fairly, responsibly
with respect for people being searched and
without unlawful discrimination against any
person based on the grounds of the ‘protected
characteristics.’ Under Code A, police forces
must monitor and supervise the use of stop and
search powers – any apparent disproportionate
use of the powers in relation to specific sections
of the community should be identified and
investigated.
The non-discrimination and equality framework
within the UK is as set out in the Core
Document 2014 (section 3 “Information on nondiscrimination and equality and effective
remedies”150). See also the UK 7th periodic
report under the ICCPR151, the UK response to
the list of issues under the CEDAW
examination152, the UK follow up information
of 2 January 2013 under the ICERD153, and the
UK Government’s response of November
2013154 to the annual report of the Independent
Reviewer of Terrorism Legislation.
Additionally, the Government is working
closely with the Association of Chief Police
Officers and the Equality and Human Rights
Commission to identify, examine and address
any disproportionality.
The data on charges and convictions following
terrorism-related arrest show that, statistically,
there are no significant differences in the
proportions of people charged, sentence length,
or seriousness of offence between Muslim
offenders and offenders of other or no religion.
Statutory guidance for the police makes clear
149
http://wales.gov.uk/topics/equality/inclusivepolicy/impactassessments/hatecrimeseia/?lang=en
Page 43 of the HRI/CORE/GBR/2014
151
Page 62 (and following pages) of CCPR/C/GBR/7
152
Page 2 (and following pages) of CEDAW/C/GBR/Q/7/Add.1
153
Pages 4-6 of CERD/C/GBR/CO/18-20/Add.1
154
http://www.official-documents.gov.uk/document/cm87/8745/8745.pdf
150
71
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
that a person’s race, religion or belief cannot be
considered as reasonable grounds for suspicion
of the person being a terrorist and should never
be considered as a reason to stop and search155
or arrest156 a person. Guidance157 is provided in
the Code of practice (England, Wales and
Scotland) for the exercise of stop and search
powers under sections 43 and 43A of the
Terrorism Act 2000.
Statistics on the operation of police powers
under the Terrorism Act 2000 (including “stop
and search”) are regularly updated on the UK
Government’s website158.
110.55 (“stop and
search”)
110.55
Revise the policies
that involve racial
and ethnic profiling
such as “stop and
search” practice
(Brazil)
The recommendation does not enjoy the support Recommendation 110.55 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.54.
See response to recommendation 110.54
110.56 (“stop and
search”)
110.56
Investigate
allegations that stop
and search orders
disproportionately
fall on persons
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.56 enjoys the support of
the UK in part.
See response to recommendation 110.54. Under
code A, police forces must monitor and
supervise the use of stop and search powers –
See the response to recommendation 110.54.
155
https://www.gov.uk/government/publications/pace-code-a-2013
https://www.gov.uk/government/publications/pace-code-g-2012
157
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/243477/9780108511677.pdf
158
https://www.gov.uk/government/collections/operation-of-police-powers-under-the-terrorism-act-2000
156
72
The following main bodies oversee the police
Reference
UPR
Recommendations
belonging to ethnic,
religious and other
minorities and
introduce adequate
safeguards in this
regard
(Austria)
UK position in September 2012
Update (July 2014)
110.57 (“stop and
search”)
110.57
That the law
enforcement
authorities put an
end to stop and
search practices
based on religious
and ethnic profiling
(Pakistan)
The recommendation does not enjoy the support Recommendation 110.57 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.54.
See response to recommendation 110.54
110.58 (antiterrorism
measures)
110.58
Put an end to the
use of religious
The recommendation enjoys the support of the
United Kingdom in part.
any apparent disproportionate use of the powers complaint systems in the UK:
in relation to specific sections of the community
 The “Police and Crime
should be identified and investigated. In
Commissioners”159, and “Independent
addition, any individual who feels aggrieved at
Police Complaints Commission”160, in
the way that the police have used their powers,
England and Wales.
including stop and search powers, can complain
 The “Northern Ireland Policing
to the Independent Police Complaints
Board”161, and the “Office of the Police
Commission, who are entirely independent of
Ombudsman for Northern Ireland”162, in
the police service.
Northern Ireland.
 The “Scottish Police Authority”163,
“Crown Office & Procurator Fiscal
Service”164, and “Police Investigations
& Review Commissioners”165, in
Scotland.
159
https://www.gov.uk/police-and-crime-commissioners
http://www.ipcc.gov.uk/
161
http://www.nipolicingboard.org.uk/
162
http://www.policeombudsman.org/
163
http://www.spa.police.uk/
164
http://www.copfs.gov.uk/
165
http://pirc.scotland.gov.uk/
160
73
Recommendation 110.58 enjoys the support of
the UK in part for the reasons set out in the
responses to recommendations 110.54 and
Reference
110.59 (combating
racial
discrimination)
UPR
Recommendations
profiling in
combating
terrorism by
inserting legal
safeguards against
abuse and the
deliberate targeting
of certain religious
groups
(Malaysia)
UK position in September 2012
Update (July 2014)
The UK rejects the suggestion in the
recommendation of deliberate targeting of
certain religious groups. The UK has robust
anti-discrimination laws and the statutory
guidance for the police makes clear that a
person’s race, religion or belief cannot be
considered as reasonable grounds for suspicion
of the person being a terrorist and should never
be considered as a reason to stop and search or
arrest a person.
110.56.
110.59
Take all
appropriate
measures to combat
prejudices and
negative
stereotypes, which
may result in racial
discrimination or
incitement to racial
hatred
(Turkey)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.59 enjoys the support of
the UK.
The UK Government is committed to ensuring
that everyone has the freedom to live their lives
free from fear of targeted hostility or
harassment on the grounds of their race or
religion. It has made clear that this type of
behaviour is unacceptable in a civilised society,
and that those who commit these offences will
be punished.
In England and Wales, the “Challenge it, Report
it, Stop it” action plan remains the main
building block to combat hate crime168. In May
2014, the UK Government published its
progress report setting out achievements since
the plan was published in March 2012. The
report also highlights emerging issues or issues
that have continued to evolve and what the UK
Government will do to tackle them169.
Hate crime statistics, covering police recorded
hate crimes, crime survey findings and court
proceedings and convictions were published in
December 2013 and are available on the UK
Government’s website170. Projects supported by
the UK Government include: working with the
Anne Frank Trust whose work in schools
educates young people about the dangers of
In March, the Government published Challenge
it, Report it, Stop it, setting out its plan to tackle
hate crime (in England) over the next three
years. The plan brings together the work of a
wide range of Departments and agencies to
prevent hate crime happening in the first place;
increase reporting and victims’ access to
support; and improve the operational response
166
https://terrorismlegislationreviewer.independent.gov.uk/
https://www.gov.uk/government/policies/reducing-and-preventing-crime--2/supporting-pages/hate-crime
169
https://www.gov.uk/government/publications/hate-crime-action-plan-challenge-it-report-it-stop-it
170
https://www.gov.uk//government/publications/an-overview-of-hate-crime-in-england-and-wales
168
74
Furthermore, the “Independent Reviewer of
Terrorism Legislation”166 regularly reviews the
UK’s anti-terrorism legislation and makes
recommendations to the UK Government.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
to hate crimes.
prejudice and hatred if they are allowed to go
unchallenged; working with the charity “Show
Racism the Red Card”, which works with young
people to empower them to challenge racism;
and it also supports two cross-government
working groups to address anti-Muslim hatred
and anti-Semitism.
The UK government is already supporting a
number of local and national projects which
seek to combat prejudice and negative
stereotypes, including working with the Society
of Editors to develop a guide for moderators of
on-line content. The Government also supports
‘True Vision’, a police-led online facility and
information resource launched February 2011,
which also allows victims of hate crime to
report incidents online. The UK Government is
also supporting the work of Faith Matters’
Measuring anti-Muslim Attacks (MAMA)
project.
Wales
The Welsh Government’s Community
Cohesion Strategy167 is focussed on the need to
create resilient and inclusive communities in
areas including housing, communication,
learning, equalities and social inclusion and
tackling extremism.
167
171
In Northern Ireland, in May 2013 the Northern
Ireland Executive launched the “Together:
Building a United Community” strategy171,
aimed at improving community relations in
Northern Ireland including by focusing on
children and young people (for example, by
creating shared educational campuses) and the
community (for example, by creating new
shared neighbourhood developments, and by
reducing interface barriers).
The Northern Ireland Executive is also
consulting on a new racial equality strategy –
“A Sense of Belonging” – which is aimed at
tackling discrimination, race and hatred. The
Northern Ireland Executive is seeking views on
whether the existing legislation needs to be
strengthened. The strategy will be published
later in 2014, and programmes of work to
implement it will follow. The Northern Ireland
Executive is also working on tackling race hate
through interdepartmental work and is
developing a set of initiatives to tackle a spike
in reports of race hate in Belfast. Additionally,
the Office of the First Minister and Deputy First
http://wales.gov.uk/topics/housingandcommunity/communitycohesion/publications/strategy/?lang=en
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/good-relations/together-building-a-united-community.htm
75
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Minister is providing funding of over £1m per
annum to encourage organisations working to
promote integration.
In Scotland, the Scottish Government will
publish a discussion paper on its refreshed
approach to race equality. A campaign to raise
awareness about hate crime, including racism,
was launched on 24 February 2014. In 2009 the
Scottish Government supported legislative
change to strengthen the criminal law in dealing
with hate crime, and current data collection in
Scotland includes a variety of statistics relating
to hate crime. This encompasses statistics about
people convicted in court for "aggravated"
crimes, including hate crimes relating the
protected characteristics of race, religion,
disability, sexual orientation and gender
reassignment. The Scottish Government is
working with key partners to develop a
campaign to raise awareness about the nature of
hate crime and to encourage reporting.
In Wales, the Welsh Government launched
“Tackling Hate Crimes and Incidents: A
Framework for Action” in May 2014172,
following a period of consultation where 120
responses were received. The Framework aims
to tackle hostility and prejudice across the
protected characteristics of race, religion,
disability, sexual orientation and gender
reassignment. It identifies how the Welsh
Government can work with partners across three
172
http://wales.gov.uk/topics/equality/rightsequality/hate-crime/?lang=en
76
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
key objectives on prevention, supporting
victims and increasing the multi-agency
response. The Welsh Government underpinned
the development of the framework with
evidence from a three year study with the
victims of hate crime in Wales (the “All Wales
Hate Crime Research Project”).
Outside of the recorded strands of hate crimes,
the Welsh Government has also extended the
scope of the Framework to include alternative
subcultures, older people, cyber-hate, mate
crime and far right hate.
See also the response to recommendations
110.53 and 110.90.
110.60
(monitoring hate
crime)
110.60
Implement ECRI’s
recommendation to
continue to monitor
hate crimes and to
work with the
community to
increase
understanding of
the impact of such
offences, and to
pursue efforts to
improve the police
gathering of
evidence of racist
motivations
(Turkey)
The recommendation enjoys the support of the
United Kingdom.
The UK Government is committed to
addressing the under-reporting of hate crime,
and working with communities to build victim
confidence to come forward and report
incidents. To demonstrate this, a specific
commitment to improve the recording of all
hate crimes was included in the Coalition
Programme for Government and a further
action to develop a better understanding of hate
crime is a key part of the Government’s action
plan.
All criminal justice agencies use a common
definition of hate crime and monitor five
specific strands, which include disability,
gender-identity, race, religion or belief and
77
Recommendation 110.60 enjoys the support of
the UK for the reasons set out in
recommendation 110.59.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
sexual orientation. The police also pull together
hate crime information and intelligence to
ensure that any emerging trends of hostility are
detected early. The intelligence from regional
police forces is fed into a National Community
Tension Team, who produce data returns and
analytical information to provide the police
with threat assessments.
We now have a growing body of published
official data on the prevalence of hate crime in
the UK, including from the police and other
criminal justice agencies, and two national
household survey’s, one focusing on crime and
the other on disability. Not only does this data
gives us a better picture of the scale of the
problem, it also highlights the impact that being
a victim of hate crime can have on a person’s
wellbeing.
The UK Government works closely with an
Independent Advisory Group who provide
expert advice on hate crime and hold the
Government to account against its
commitments. The Group includes
representatives covering each of the five
monitored ‘strands’, as well as people who have
been victims of hate crime. The Government
also supports a number of cross-Government
Working Groups that focus on tackling specific
strands of hate crime. These include community
representatives who contribute to and have
oversight of initiatives to tackle hate crime.
110.61 (combating
110.61
The recommendation does not enjoy the support Recommendation 110.61 enjoys the support of
78
Reference
caste
discrimination)
110.62
(addressing the
gender pay gap)
173
174
UPR
Recommendations
Put in practice a
national strategy to
eliminate
discrimination
against caste,
through the
immediate adoption
of the Equality Law
of 2010 that
prohibits such
discrimination, in
conformity with its
international
human rights
obligations,
including CERD’s
General
Recommendation
29 and
recommendations of
the Special
Rapporteur on
Contemporary
Forms of Racism
(Nicaragua)
UK position in September 2012
Update (July 2014)
of the United Kingdom.
the UK.
The UK Government are currently considering
the evidence available to them, such as the
report by the National Institute for Economic
and Social Research (NIESR), together with the
correspondence and representations put forward
by both those who want the Government to
legislate and those who are opposed to such
legislation being introduced before reaching
any conclusion on whether or not to prohibit
caste discrimination as a specific aspect of race
discrimination under the Equality Act 2010.
The UK Government intends to introduce
legislation to make caste discrimination
unlawful, as a specific aspect of race
discrimination under s.9(5) Equality Act
2010173. A public consultation process on the
detail of the prospective legislation is expected
later in 2014174.
110.62
Adopt Government
policies and
legislation to
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.62 enjoys the support of
the UK.
The UK government favours a non-legislative
The UK Government’s strategy to overcome
http://www.legislation.gov.uk/ukpga/2010/15/section/9
https://www.gov.uk/government/publications/caste-discrimination-legislation-timetable
79
Reference
UPR
Recommendations
address the pay gap
between men and
women
(Sudan)
UK position in September 2012
Update (July 2014)
approach to tackling this issue. On 14
September 2011 we launched a new voluntary
framework for gender equality reporting with
Eversheds, BT, Tesco and the CBI. The "Think,
Act, Report" framework asks private and
voluntary sector employers to help tackle the
pay gap through greater transparency on pay
and other issues.
gender inequalities was set out in the “Building
a Fairer Britain”175 paper in December 2010.
Progress reports on its implementation have
been published since then176. The “Think, Act,
Report” framework177 remains the building
block for encouraging gender equality in the
workplace (a progress report was published in
December 2013178). Approximately 2.1 millions
employees now work for organisations that are
signed up to “Think, Act, Report”. In
addition, provisions are being put in place so
that employment tribunals can require an
employer who loses an equal pay case to carry
out a pay audit, and the UK Government also
implemented the provisions in the Equality Act
2010 that make pay secrecy clauses
unenforceable.
Scotland
See response to recommendation 110.40
Wales
Under the Equality Act 2010 (Statutory Duties)
(Wales) Regulations 2011, the Wales Specific
Equality Duties contain a separate duty in
respect of gender pay difference. Public
authorities that identify a gender pay difference
must either set a gender pay equality objective
to address the cause or causes of the pay
difference or explain publicly, why they have
not done so. They must put this information in
an action plan along with any policy or policies
that relates to the need to address gender pay
difference.
175
In Wales, the Welsh Government’s “Strategic
Equality Plan”179 was published in 2012
alongside those of other listed Welsh Public
Sector organisations. The Welsh Programme for
Government contains a commitment to
implement the new specific equality duties
requiring employers to identify the root causes
of the gender pay gap in their organisation and
take action to address them. Objective 2 of the
Strategic Equality Plan focuses on working with
partners to identify and address the causes of the
gender, ethnicity and disability pay and
https://www.gov.uk/government/publications/equality-strategy
https://www.gov.uk/government/publications/the-equality-strategy-building-a-fairer-britain-progress-report
177
https://www.gov.uk/government/policies/creating-a-fairer-and-more-equal-society/supporting-pages/think-act-report
178
https://www.gov.uk/government/publications/think-act-report-two-years-on
179
http://wales.gov.uk/topics/equality/equalityactatwork/?lang=en
176
80
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
employment differences. Regulation 9 of the
The Equality Act 2010 (Statutory Duties)
(Wales) Regulations 2011180 requires public
authorities to collect information on the number
of men and women employed broken down by
job, grade, pay, contract type and working
pattern. Regulation 11(3)181 in respect of gender
pay difference means that public authorities that
identify a gender pay difference must either set
a gender pay equality objective to address the
cause or causes of the pay difference or explain
publicly, why they have not done so. They must
put this information in an action plan along with
any policy or policies that relate to the need to
address gender pay difference.
See also the response to recommendation
110.40.
110.63
(addressing the
gender pay gap)
110.63
Consider policies
and legal provisions
to encourage equal
pay practices
(India)
The recommendation enjoys the support of the
United Kingdom.
See response to recommendation 110.62 and
recommendation 110.40.
Scotland
See response to recommendation 110.40.
Wales
See response to recommendation 110.62.
180
181
http://www.legislation.gov.uk/wsi/2011/1064/regulation/9/made
http://www.legislation.gov.uk/wsi/2011/1064/regulation/11/made
81
Recommendation 110.63 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.40 and 110.62.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
110.64
(addressing the
gender pay gap)
110.64
Take measures to
address the existing
wage gap between
men and women
(Algeria)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.64 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.40 and 110.62.
110.65
Revitalize
endeavours
intended for
eradication of the
wage gap between
men and women
that has reportedly
stalled
(Ukraine)
The recommendation enjoys the support of the
United Kingdom.
110.65
(addressing the
gender pay gap)
See response to recommendation 110.62 and
recommendation 110.40.
Recommendation 110.65 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.40 and 110.62.
See response to recommendation 110.62 and
recommendation 110.40.
Scotland
See response to recommendation 110.40.
Wales
See response to recommendation 110.62.
110.66 (combating
discrimination)
110.66
Consider
The recommendation enjoys the support of the
United Kingdom in part182.
182
Recommendation 110.66 enjoys the support of
the UK in part for the reasons set out in the
In offering partial support to this recommendation it should be noted that the UK Government considers that the Equality Act 2010 provides sufficient, extensive
protection from discrimination and therefore rejects any assertion that our current efforts are insufficient or fall short of good practice. However, as is done with all new
legislation, the Government has committed to reviewing the Act in 2015 to ensure that it is operating as intended. Consideration of the effectiveness of policies in combating
discrimination forms part of that review.
82
Reference
UPR
Recommendations
strengthening
policies to combat
discrimination in all
areas, notably in
employment and
education
(Morocco)
UK position in September 2012
Update (July 2014)
In October 2010 the new Equality Act 2010
came into force, which replaced all existing
equality legislation with a single Act. The act
also strengthened protection in some situations.
The Act covers nine protected characteristics:
age; disability; gender reassignment; marriage
and civil partnership; pregnancy and maternity;
race; religion or belief; sex and sexual
orientation
The Equality Act prohibits direct and indirect
discrimination, harassment, victimisation and
failing to make a reasonable adjustment for a
disabled person. It prohibits unfair treatment in
the workplace, when providing goods, facilities
and services, when exercising public functions,
in the disposal and management of premises, in
education and by associations (such as private
clubs).
The education provisions of the Equality Act
2010 already offer strong protection for school
pupils against discrimination and inequalities in
education. This is further supported by the
public sector Equality Duty which requires all
publicly funded schools to have due regard to
eliminating discrimination, promoting equality
of opportunity and fostering good relations, and
for them to demonstrate how they are doing this
through publication of equality objectives and
supporting equality information.
183
184
http://wales.gov.uk/topics/educationandskills/publications/guidance/yeeap/?lang=en
http://wales.gov.uk/topics/educationandskills/skillsandtraining/youthengagement/?lang=en
83
response to recommendation 110.49. No major
changes to the legal framework to protect
human rights and to combat discrimination are
envisaged in the UK, apart from what stated in
the response to recommendation 110.61 with
respect to caste discrimination.
In Wales, on 12 January 2011, the Welsh
Government published the “Youth Engagement
and Employment Action Plan 2011-2015”183.
The Action Plan outlines the Welsh
Government’s approach to preventing children
and young people from disengaging from
learning, and to supporting them with entry into
the labour market. In October 2013, the Welsh
Government also launched the “Youth
Engagement and Progression Framework
Implementation Plan”184, which was developed
around the needs of young people,
strengthening the accountability of different
agencies in the system for delivering better
outcomes for young people.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
In offering partial support to this
recommendation it should be noted that, the UK
Government considers that the Equality Act
2010 provides sufficient, extensive protection
from discrimination and therefore rejects any
assertion that our current efforts are insufficient
or fall short of good practice. However, as is
done with all new legislation, the Government
has committed to reviewing the Act in 2015 to
ensure that it is operating as intended.
Consideration of the effectiveness of policies in
combating discrimination forms part of that
review.
Scotland
The Scottish Government have taken a
distinctive approach to implementing the public
sector equality duty in the Equality Act (2010),
which is already supporting work to identify
unlawful discrimination and encourage the
promotion of equality across Scotland.
Wales
See response to recommendation 110.50.
Equality objectives include reducing the
numbers of young people not in education,
employment or training. This is a long-term aim
and measurable progress will be made against
this objective by 2016.
84
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
110.67
(investigating
allegations against
the UK Armed
Forces)
110.67
Ensure that
inquiries are
carried out
immediately,
independently, and
transparently in
cases where
members of the
armed forces are
suspected of having
committed acts of
torture, particularly
in the context of
their service abroad
(Switzerland)
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.67 enjoys the support of
the UK.
UK Armed Forces personnel are not free to act
with impunity: they act in accordance with
international laws as well as mandated rules of
engagement and the Armed Forces Act 2006.
The Service Justice System is separate and
universally deployable to ensure that any
allegation of criminal conduct by a member of
the Armed Forces on duty can be properly
investigated and tried, no matter where the
crime is committed or who the victim may be.
See the UK 5th periodic report under the
CAT185, the UK response to the list of issues
under the CAT examination in 2013186, the UK
follow up information of May 2014 under the
CAT187, and the UK 7th periodic report under
the ICCPR188.
The use of torture is specifically banned by the
rules and regulations under which our Armed
Forces and all government officials operate.
Military chiefs and the responsible politicians
condemn all acts of abuse, and treat allegations
of wrongdoing extremely seriously. All
substantive allegations are investigated; there
are robust mechanisms in-place to ensure that
investigations are complete and transparent.
In respect of our counter terrorism operations,
the UK not only acts in accordance with our
185
Pages 28, 75 (and following pages) of CAT/C/GBR/5
Pages 2-4, 16-21 of CAT/C/GBR/Q/5Add.1
187
Page 4 of CAT/C/GBR/CO/5/Add.1
188
Page 97 of CCPR/C/GBR/7
189
http://www.legislation.gov.uk/ukpga/2006/52/contents
186
85
As previously reported, UK Armed Forces
personnel deployed on operations are not free to
act with impunity; they are required to act in
accordance with applicable international and
domestic law, including the Armed Forces Act
2006189. Accordingly, in any part of the world,
where it is alleged that a member of the UK
Armed Forces has committed a service offence
or where there are circumstances which indicate
that a member of the UK Armed Forces might
have done so, an investigation will be conducted
which may result in a prosecution before a
service court pursuant to the Armed Forces Act
2006.
Furthermore, torture continues to be a crime
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
domestic human rights obligations but has also
developed the Overseas Security and Justice
Assistance guidance on human rights to seek to
ensure that security and justice work we do
overseas strengthens compliance with
international human rights standards. The UK
Government can and do follow a policy
reporting perpetrators of human rights
violations to authorities overseas whenever
possible.
under UK law; this applies to all members of
the UK Armed Forces wherever they are. All
substantive allegations are investigated through
robust statutory mechanisms that are in place to
ensure that investigations are conducted in an
effective, independent and transparent manner.
The Government stands firmly against torture
and cruel, inhuman and degrading treatment or
punishment. We do not condone it, nor do we
ask others to do it on our behalf. The
Government has published “Consolidated
Guidance to Intelligence Officers and Service
Personnel on the Detention and Interviewing of
Detainees Overseas, and on the Passing and
Receipt of Intelligence Relating to Detainees”,
so that we can be clear as possible about the
standards under which the intelligence agencies
and armed forces operate.
While the overwhelming majority of our
military personnel conducted themselves with
decency and honour in Iraq, we accept there
may have been occasional lapses in what was a
very violent conflict. The Secretary of State for
190
Apart from the “Consolidated Guidance to
Intelligence Officers and Service Personnel on
the Detention and Interviewing of Detainees
Overseas, and on the Passing and Receipt of
Intelligence Relating to Detainees”190 and the
outcome of the Baha Mousa inquiry191 referred
to in the previous response (this was followed
on 27 March 2014 by a Written Ministerial
Statement about the implementation of the
recommendations made by Sir William
Gage192), the UK Government also published
the report of the “Detainee Inquiry” on 19
December 2013193.
With regard to the “Iraq Historic Allegations
Team” (IHAT194), in the 2013 High Court
judgment in Ali Zaki Mousa (2)195, the Court
held that the IHAT was independent of the
chain of command of those military personnel
against whom allegations were being levelled.
As a result, the Court said that IHAT met the
ECHR requirements of independence, and that
https://www.gov.uk/government/publications/uk-involvement-with-detainees-in-overseas-counter-terrorism-operations
http://www.bahamousainquiry.org/
192
http://www.publications.parliament.uk/pa/ld201314/ldhansrd/text/140327-wms0001.htm#14032777001854
193
http://www.detaineeinquiry.org.uk/
194
https://www.gov.uk/government/groups/iraq-historic-allegations-team-ihat
195
[2013] EWHC 1412 (Admin)
191
86
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Defence established the Iraq Historic
Allegations Team (IHAT) in 2010 to investigate
these allegations. We have not ruled out a
public inquiry at some point in the future,
should serious and systemic issues emerge from
IHAT’s investigations that would justify it.
it was fully capable of discharging the
obligations on the Secretary of State for
Defence to conduct a criminal investigation into
the allegations in nearly 150 cases that have
been formally presented to him. These cases
allege breaches of the claimants’ rights under
Article 2 or 3 of the ECHR. The Court also
ordered a public examination (similar to a
coroner’s inquest) into certain cases of alleged
unlawful killing where this is necessary to
discharge fully the investigative obligation
under the ECHR; a retired High Court judge has
been appointed to undertake a coronial-style
fatality investigation into the circumstances of
two deaths, with further cases to follow.
However, we have made improvements already
in many areas of concern. Doctrine and military
training are kept under constant review. We are
implementing recommendations from internal
reviews of detainee handling and from the
Public Inquiry into the death of Baha Mousa
whilst in UK custody in Iraq in 2003 which are
available at: http://www.bahamousainquiry.org/
. We have in place mechanisms which will
permit us to continue learning lessons as they
emerge from the ongoing investigations.
Detention operations in Afghanistan are a very
different business than they were in Iraq. There
is now much better training of personnel prior
to deployment and detention safeguards and
oversight mechanisms have been enhanced
considerably. But we are not complacent. We
recognise that when personnel operate under
stressful and dangerous conditions then there
will always be the potential for a small
proportion to commit offences. However, any
substantive allegation is investigated and, if
there is evidence that an offence has been
committed, cases are dealt with appropriately
within the Service Justice System.
The UK engages constructively with all UN
87
The Ministry of Defence is committed to a
continuous process of review and improvement
in relation to military operations overseas. To
this end, it has put in place a robust process for
identifying, reviewing, and correcting areas
where doctrine, policy and training have been
insufficient to prevent practices or individual
conduct that breach its obligations under
international humanitarian law. The Ministry of
Defence also has in place a number of
governance mechanisms to provide assurance
that the changes made are working and that the
issues identified do not reoccur. This includes
periodic inspections of detention facilities and
practices by the Provost Marshal (Army). In
addition, the Army Inspector, who is
independent from the chain of command, has
carried out two in-depth reviews (in 2010 and in
2012) of detention; in both cases an external
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
human rights mechanisms, and would certainly
cooperate accordingly if any particular UN
body contacted us with concerns within their
mandate. The results of any public inquiries are
made available to all and could be accessed by
any UN human rights mechanism.
expert joined the review team to provide
external assurance. The High Court ruling of
October 2013 acknowledged the Ministry of
Defence’s conscientious approach in this area
and the extensive work that has already been
undertaken following the recommendations
made by Sir William Gage in the report of his
findings in the Baha Mousa Inquiry.
110.68
(investigating
allegations against
the UK Armed
Forces)
The recommendation enjoys the support of the
110.68
United Kingdom in part.
Along with the
Special Procedures,
See response to recommendation 110.67
investigate
allegations of the
systematic use of
torture by British
soldiers vis-à-vis
detainees outside
the country, and
inform the results of
these investigations
to the UN human
rights mechanisms,
including the
Human Rights
Committee, Human
Rights Council and
its mechanisms
(Belarus)
Recommendation 110.68 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.47 and 110.67.
110.69 (combating
VAWG)
110.69
Adopt a national
strategy to combat
all forms of violence
against women and
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.69 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.51.
On 25th November 2010, the UK Government
published its first Strategy to end all forms of
88
Reference
UPR
Recommendations
girls
(Brazil)
UK position in September 2012
Update (July 2014)
violence against women and girls. A detailed
range of 88 supporting actions was published
on 8th March 2011. The updated Action Plan
was launched on 8th March 2012. More than
half the original actions have been completed,
with a further 100 actions to be delivered, with
more emphasis on the importance of
prevention.
Scotland
See response to recommendation 110.51
Wales
The ‘Right to be Safe’ is the Welsh
Government’s six year strategy for tackling all
forms of violence against women. Violence
against women constitutes a serious violation of
the human rights of women and girls and is a
major obstacle to the achievement of equality
between women and men. Achievements and
developments against the ‘Right to be Safe’
Implementation Plan in 2011-12 include:
Providing £4.366 million funding to deliver
effective Violence Against Women and
Domestic Abuse (VAWDA) services to victims
across Wales; Three publicity campaigns
focused on domestic abuse, sexual violence
against women and the impact of domestic
abuse on children; Recruiting Wales’s first Anti
Human Trafficking co-ordinator; and
establishing the 10,000 Safer Lives project,
which focuses on tackling domestic abuse.
89
Reference
110.70 (combating
VAWG)
110.71 (combating
VAWG)
110.72 (combating
human
trafficking)
UPR
Recommendations
110.70
Continue making
progress in
implementing the
Action Plan on
violence against
women and girls
(Colombia)
UK position in September 2012
Update (July 2014)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.70 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.51.
110.71
Take more effective
measures to combat
all forms of violence
against women and
girls and to ensure
that the
perpetrators of
violence are taken
to justice and
punished
(Malaysia)
The recommendation enjoys the support of the
United Kingdom.
110.72
Increase efforts to
combat trafficking
in persons,
particularly to
protect women and
The recommendation enjoys the support of the
United Kingdom.
See recommendation 110.69
Recommendation 110.71 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.51.
See recommendation 110.69 and to note that the
Violence Against Women and Girls Action Plan
also includes the criminal justice steps the UK
Government will be taking forward.
Wales
The Welsh Government’s Legislative
Programme includes a Bill to end Violence
Against Women and Domestic Abuse - a line in
the sand in tackling the enduring culture that
leads to this issue. It will seek to complement
existing law, focusing on the social issues
within the elements of prevention, protection
and support.
Recommendation 110.72 enjoys the support of
the UK.
The UK Government is increasing its efforts to The UK is a party to the Council of Europe
combat trafficking in persons through the UK
Convention on Action against Trafficking in
Government’s human trafficking strategy and in Human Beings. The first evaluation report of
90
Reference
UPR
Recommendations
children
(Spain)
UK position in September 2012
Update (July 2014)
implementing the EU Directive on trafficking in the UK under this Convention, inclusive of the
human beings. This is done in partnership with UK comments, from September 2012 is
the Devolved Administrations and others.
publicly available196 and sets out the measures
taken by the UK to combat human trafficking.
The National Referral Mechanism197 continues
to operate across the UK as the building block
of the UK Government strategy to combat
human trafficking. The National Referral
Mechanism is currently being reviewed to
ensure that it is working as effectively as
possible and provides access to the support
victims need. More recent measures include: the
publication in October 2013 of a leaflet
outlining the support available across the UK
for victims of human trafficking198; guidance
from October 2013 for frontline staff in England
and Wales to help them identify and help
potential victims of human trafficking199; and
the introduction in June 2014200 of a Modern
Slavery Bill, partly aimed at consolidating
existing human trafficking and slavery offences.
An inter-departmental ministerial group on
modern slavery, which comprises ministers
from each constituent part of the UK, provides
annual updates on the UK progress in
combating human trafficking and modern
slavery201.
In Northern Ireland, a Human Trafficking and
196
GRETA(2012)6
http://www.nationalcrimeagency.gov.uk/about-us/what-we-do/specialist-capabilities/uk-human-trafficking-centre/national-referral-mechanism
198
https://www.gov.uk/government/publications/support-for-victims-of-human-trafficking
199
https://www.gov.uk/government/publications/victims-of-human-trafficking
200
http://services.parliament.uk/bills/2014-15/modernslavery.html
201
https://www.gov.uk/government/collections/human-trafficking-inter-departmental-ministerial-group-annual-reports
197
91
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Exploitation (Further Provisions and Support
for Victims) Bill is currently being considered
by the Northern Ireland Assembly. In JanuaryApril 2014202, a consultation on measures to
strengthen Northern Ireland’s response to
human trafficking and slavery also took place.
All child victims of trafficking are entitled to
the full range of services afforded to children
under The Children (Northern Ireland) Order
1995203. The Northern Ireland’s Department of
Health, Social Services and Public Safety
(DHSSPS) and the Police Service of Northern
Ireland (PSNI) jointly issued guidance,
“Working Arrangements for the Welfare and
Safeguarding of Child Victims of Human
Trafficking”204, in February 2011. This
guidance sets out the actions to be taken by the
PSNI and Health and Social Care (HSC) Trusts
in relation to lone or unaccompanied children,
children in the care of an unsuitable adult and
children who are recovered during police
operations where there is reasonable cause to
believe that the child may have been the victim
of trafficking. The guidance is consistent with
existing child protection (and looked after)
children guidance and is aligned with the
principles of the CRC. HSC Trusts regularly
report the numbers of separated/unaccompanied
children and young people who come to their
attention and the outcomes for these children
and young people.
202
http://www.dojni.gov.uk/index/public-consultations/current-consultations/human-trafficking-and-slavery-strengthening-northern-irelands-response.pdf
http://www.legislation.gov.uk/nisi/1995/755/contents
204
http://www.dhsspsni.gov.uk/oss_working_arrangements_for_the_welfare___safeguarding_of_child_victims_of_human_trafficking.pdf
203
92
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
In October 2012, the DHSSPS and the Northern
Ireland’s Department of Justice launched
“Guidance on Working Arrangements for the
Welfare and Protection of Adult Victims of
Human Trafficking”205.
The Northern Ireland’s Minister of Justice is
working with the sponsor of the Human
Trafficking and Exploitation (Further Provisions
and Support for Victims) Bill to bring forward
further legislative changes to strengthen
Northern Ireland’s response to human
trafficking and slavery. Furthermore, the
Department of Justice in Northern Ireland is a
partner in the development of the REACH
awareness campaign, which is being led by the
Department of Justice and Equality in the
Republic of Ireland. This is a EU-funded project
to tackle demand for the services of women and
girls trafficked for sexual exploitation.
Finally, a “Human Trafficking and Exploitation
Action Plan for Northern Ireland”206 has been
published for 2014/15. The action plan was
developed around the following three strategic
aims:
 Strengthening law enforcement;
 Protecting and supporting victims; and
 Preventing human trafficking and
exploitation.
In Scotland, combating trafficking in human
205
http://www.dojni.gov.uk/index/publications/publication-categories/pubs-policing-community-safety/working-arrangements-for-the-welfare-protection-of-adult-victims-ofhuman-trafficking-oct-2012.pdf
206
http://www.dojni.gov.uk/index/publications/publication-categories/pubs-policing-community-safety/community-safety/organised-crime/northern-ireland-humantrafficking-and-slavery-action-plan-2014-15.pdf
93
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
beings is a high priority for the Scottish
Government and it continues to work with the
UK and Northern Ireland Governments to tackle
the crime. Following the Human Trafficking
Summit, hosted by the Cabinet Secretary for
Justice, in October 2012, Scottish Ministers
have been working with other agencies to
strengthen Scotland’s response to human
trafficking. During 2013, Police Scotland
published, with Scottish Government support,
an awareness raising leaflet to assist public and
private sector organisations in spotting the signs
of potential human trafficking, how to report
concerns and details of agencies available to
provide support to potential victims. In March
2014 Scottish Ministers confirmed that
dedicated Scottish legislation on human
trafficking will be introduced during this
parliamentary session. The Bill will consolidate
and strengthen existing criminal law against
trafficking, enhance the status of and support for
the victims of trafficking; and require relevant
agencies to work with the Scottish Government
to develop and implement a Scottish AntiTrafficking Strategy.
In Wales, the Welsh Government also
recognises that tackling human trafficking
requires co-ordinated action across the UK. The
Welsh Government delivered its Programme for
Government’s commitment to appoint an “Anti
Human Trafficking Coordinator” (AHTC) to:
improve information available on the level of
human trafficking in Wales; and raise awareness
of the issue and how to fight it.
94
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The achievements following the appointment of
the AHTC include: working with the
Association of Chief Police Officers Cymru and
the Crown Prosecution Service to produce an
Anti Human Trafficking route map for
Investigating and Senior Investigating Officers;
awareness raising sessions delivered to 2,000
front line staff across Wales, and also through
an ongoing media campaign; establishing the
Wales Anti Human Trafficking Leadership
Group to give strategic leadership in tackling
human trafficking in Wales; arranging for the
National Referral Mechanism statistics to be
disaggregated.
110.73 (combating
human
trafficking)
110.74 (combating
human
trafficking, and
Istanbul
Convention
ratification)
110.73
Continue making
progress in
applying the
strategy on
trafficking in
persons adopted in
July 2011
(Columbia)
The recommendation enjoys the support of the
United Kingdom.
110.74
Implement the EU
Directive on
trafficking in
human beings by
April 2013 and sign
the Council of
Europe Convention
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.73 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.72.
The UK Government continues to make
progress in implementing its strategy on
tackling human trafficking which it published in
July 2011.
The UK Government will implement the EU
Directive on trafficking in human beings by
April 2013. (Also see recommendation 110.29
on the Convention on Preventing and
Combating Violence Against Women and
95
Recommendation 110.74 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.29 and 110.72.
The UK completed the implementation of EU
Directive 2011/36/EU (on preventing and
combating trafficking in human beings and
protecting its victims) in April 2013, including
Reference
UPR
Recommendations
on Preventing and
Combating Violence
Against Women
and Domestic
Violence (Australia)
UK position in September 2012
Update (July 2014)
Domestic Violence).
through primary legislation (such as ss.109-110
Protection of Freedoms Act 2012207, and s.46
Criminal Justice and Licensing (Scotland) Act
2010208).
Scotland
The Scottish Government are committed to
tackling the abhorrent crime of human
trafficking through partnership working with
the UK Government and others, and have both
changed the law and provided resources to meet
European standards and assist enforcement and
prosecution. The Scottish Government are
supportive of opting into and implementing the
EU Directive on trafficking in human beings.
Wales
The Welsh Government is committed to
working together with the UK Government in
order to tackle trafficking.
207
http://www.legislation.gov.uk/ukpga/2012/9/part/7/crossheading/trafficking-people-for-exploitation
http://www.legislation.gov.uk/asp/2010/13/part/2/crossheading/people-trafficking
209
http://www.legislation.gov.uk/nia/2013/7/contents
208
96
In Northern Ireland, the Northern Ireland
Executive considers that it is compliant with the
EU Directive on trafficking in human
beings. The Criminal Justice (Northern Ireland)
Act 2013209 included new measures to tackle
human trafficking. It brought Northern
Ireland’s criminal law into line with the EU
Directive on human trafficking, creating new
offences and addressing the international
dimension of human trafficking. It has also
ensured that human trafficking offences in
Northern Ireland can now be tried on indictment
only, and as such, can be referred to the Court
of Appeal by the Director of Public
Prosecutions if a sentence is considered to be
unduly lenient. Furthermore, arrangements are
in place for supporting victims and potential
victims of human trafficking in Northern
Ireland; these arrangements comply with and in
some cases go beyond the requirements of the
EU Directive. The support provided to potential
adult victims of human trafficking includes
sign-posting to independent legal advice and
advice on compensation. The Human
Trafficking and Exploitation (Further Provisions
and Support for Victims) Bill contains a
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
provision which will put support provided by
the Department of Justice to potential adult
victims of human trafficking on a statutory
footing.
110.75 (combating
human
trafficking)
110.76 (combating
human
trafficking)
210
110.75
Standardize antitrafficking
responses across the
UK insofar as
possible given the
devolution of law
enforcement
powers, and appoint
a rapporteur in
each devolved
authority to make
critical assessments
and improve the
UK’s overall antitrafficking response
(United States of
America)
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.75 enjoys the support of
the UK in part.
As the recommendation recognises, it is not
possible to standardise anti-trafficking
responses across the UK. Immigration policy is
the responsibility of the UK Government, but
justice and policing policy is devolved. The UK
Government has announced that the InterDepartmental Ministerial Group on Human
Trafficking will be the UK’s equivalent national
rapporteur mechanism to comply with the EU
Directive on trafficking in human beings.
Ministers from the Scottish and Welsh
Governments and the Northern Ireland
Executive attend the Inter-Departmental
Ministerial Group on Human Trafficking and
officials from the Devolved Administrations are
represented on the Human Trafficking Strategy
Board. It is therefore not appropriate to appoint
individual rapporteurs in the Devolved
Administrations.
Whilst acknowledging the need to combat
human trafficking across the UK in a
coordinated manner, the UK Government
continues to consider the appointment of
individual rapporteurs in the Devolved
Administrations to be inappropriate in the
context of the devolution arrangements (as set
out in general terms in the Core Document 2014
– section 1B210), and also unnecessary given the
existence of the Inter-Departmental Ministerial
Group on Modern Slavery and the National
Referral Mechanism referred to in the response
to recommendation 110.72.
110.76
Take all measures
to ensure that all
trafficked people
are able to access
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.76 enjoys the support of
the UK in part.
In the UK, there is a range of support for
victims of trafficking including an ability to
The National Referral Mechanism (cited in the
response to recommendation 110.72) continues
Page 33 of the HRI/CORE/GBR/2014
97
Reference
UPR
Recommendations
the support and
services they are
entitled to,
including free legal
aid and access to
their right to
compensation
(Greece)
UK position in September 2012
Update (July 2014)
seek compensation. In addition certain civil
legal aid services are available to those
individuals who have been confirmed as a
victim of trafficking following a conclusive
grounds decision through the National Referral
Mechanism or where there has been a
reasonable grounds decision and there has not
been a conclusive determination to date that the
individual is not a victim.
to set out best practice in supporting victims of
human trafficking211. The National Referral
Mechanism is currently being reviewed to
ensure that it is working as effectively as
possible and provides access to the support
victims need.
Paragraph 32 (“Victims of trafficking in human
beings”), Schedule 1, Part 1, Legal Aid,
Sentencing and Punishment of Offenders Act
2012212, addresses the provision of civil legal
aid to victims of human trafficking.
In December 2013, the UK Government
implemented a new “Code of Practice for
Victims of Crime”213 which outlines that
victims of human trafficking are entitled to
receive enhanced services and support from
criminal justice agencies, as they are victims of
the most serious crime.
In March 2014, the UK Government issued
guidance on the Criminal Injuries
Compensation Scheme and how it applies to
victims of human trafficking214, covering
England, Scotland and Wales. A parallel
scheme is in place in Northern Ireland215.
See also the response to recommendation
211
http://www.nationalcrimeagency.gov.uk/about-us/what-we-do/specialist-capabilities/uk-human-trafficking-centre/best-practice-guide
http://www.legislation.gov.uk/ukpga/2012/10/schedule/1
213
https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime
214
https://www.gov.uk/government/publications/victims-of-human-trafficking-and-the-criminal-injuries-compensation-scheme
215
http://www.nidirect.gov.uk/index/information-and-services/crime-justice-and-the-law/victims-and-witnesses-of-crime/information-for-potential-adult-victims-of-humantrafficking.htm
212
98
Reference
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Recommendations
UK position in September 2012
Update (July 2014)
110.72.
110.77 (abortion
legislation in
Northern Ireland)
110.77
Ensure by
legislative and other
measures that
women in Northern
Ireland are entitled
to safe and legal
abortion on equal
basis with women
living in other parts
of the United
Kingdom
(Finland)
The recommendation does not enjoy the support Recommendation 110.77 does not enjoy the
of the United Kingdom.
support of the UK.
The law in Northern Ireland is different from
the legislation which provides for abortion in
Great Britain. The legislative position has been
different in the separate jurisdictions for many
years, and any changes to the law in this area
are a matter for the Northern Ireland Assembly
and Executive.
Abortion law in Northern Ireland is governed by
the Offences Against the Person Act 1861216,
the Criminal Justice Act (Northern Ireland)
1945217 and case law; the latter218 has in fact
established that it is lawful to perform an
abortion in Northern Ireland where: it is
necessary to preserve the life of the woman, or;
there is a risk of real and serious adverse effect
on the woman’s physical or mental health,
which is either long-term or permanent (see also
the UK 7th periodic report under the
CEDAW219, and the UK response to the list of
issues under the CEDAW examination220).
Health policy and criminal law are transferred
matters, thus within the full legislative
competence of the Northern Ireland Executive
(for an overview of the devolution arrangements
within the UK, please see section 1B
“Constitutional, political and legal structure of
the State” of the Core Document 2014221). In
July 2013, the Northern Ireland Department for
216
http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents
http://www.legislation.gov.uk/apni/1945/15/contents
218
R v Bourne [1939] 1 KB 687 and see also the summary of the law in Family Planning Association of Northern Ireland v Minister for Health Social Services and Public
Safety (2004) NICA 37.
219
Page 39 of CEDAW/C/GBR/7
220
Page 25-26 of CEDAW/C/GBR/Q/7/Add.1
221
Page 33 of the HRI/CORE/GBR/2014
217
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Recommendations
UK position in September 2012
Update (July 2014)
Health, Social Services and Public Safety
consulted222 on a guidance on the termination of
pregnancy in Northern Ireland. The assessment
of responses to the public consultation on
termination of pregnancy guidance is complete
and it is expected that a revised document will
be issued in 2014.
110.78 (corporal
punishment of
children)
110.78
Reconsider its
position about the
continued legality of
corporal
punishment of
children
(Sweden)
The recommendation does not enjoy the support Recommendation 110.78 does not enjoy the
of the United Kingdom.
support of the UK.
Keeping children safe is a top priority for the
UK Government, which is absolutely clear that
no child should be subjected to violence or
abuse. The law in the UK only permits physical
punishment of children in very limited
circumstances. Corporal punishment is
unlawful in state and full-time independent
schools, in nursery and childminding settings,
children’s homes and secure establishments. In
any setting, an assault on a child that results in
injuries that are more than transient or trifling
would normally be charged as an assault
occasioning actual or grievous bodily harm.
Where that is the case, the assault cannot be
defended on the basis that it is reasonable
punishment. Research shows that fewer parents
now use physical punishment, and we hope that
trend continues. We encourage the provision of
evidence-based parenting programmes as they
promote alternatives to physical punishment to
222
http://www.dhsspsni.gov.uk/showconsultations?txtid=62187
Page 98 (and following pages) of CAT/C/GBR/5
224
Page 98 of CCPR/C/GBR/7
225
Page 21 of CRC/C/GBR/5
223
100
The UK position on corporal punishment of
children is summarised in the UK 5th periodic
report under the CAT223, the UK 7th periodic
report under the ICCPR224, and the UK 5th
periodic report under the CRC225.
In summary, the UK has clear laws that deal
with violence towards children, regardless of
the setting in which it may take place and
regardless of who administers it. The UK’s view
is that a mild smack does not constitute violence
and that parents should not be criminalised for
giving a mild smack to their child. The UK
therefore remains of the view that it is not in
breach of the CRC with regard to physical
punishment of children, and believes that the
UK is compliant with Articles 19 and 37 CRC
in relation to abuse and violence towards
children.
All schools in England, Northern Ireland,
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
manage children’s behaviour.
Scotland, and Wales are banned by law from
using any form of corporal punishment. There
are some unregistered independent settings,
providing part-time education, that are not
covered by this ban. However, work is
underway to develop a code of practice which
will send a clear message about the expected
standards that all settings should meet, and to
highlight that assault of children is unlawful in
any setting. Physical punishment has also been
banned in child minding, other early years
provision, local authority foster care and
children’s homes, either by statute or through
codes of conduct. The UK is taking a variety of
action to promote positive parenting and caring
relationships. Examples are included in
Northern Ireland’s “Families Matter Strategy”,
Scotland’s “National Parenting Strategy” and
the “Help at Hand; A Positive Approach to
Parenting publication” in Wales.
The UK Government does not accept that it is
in breach of the UNCRC with regard to
physical punishment; and believe that UK is
compliant with Articles 19 and 37 in relation to
abuse and violence towards children.
In Scotland, the Scottish Government has no
plans to change its approach, which protects
children and also avoids criminalising parents
for actions such as light smacking. The Scottish
Government does not support smacking as a
way of disciplining children and will continue
to promote reasonable alternatives. In Scotland,
it is already illegal to punish children by
shaking, hitting them on the head and by using a
belt, cane, slipper, wooden spoon or other
implement. In addition, if a court were looking
into the physical punishment a child had
received, it would consider: the child's age;
what was done to the child; for what reason and
101
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
what the circumstances were; the duration of the
punishment and the frequency; how it affected
the child (physically and mentally); and other
issues personal to the child, such as their sex
and state of health.
In Wales, the Welsh Government “Programme
for Government” contains a commitment to:
“Work to make physical punishment of children
and young people unacceptable through the
promotion of positive alternatives”.
The Welsh Government has commissioned
qualitative research to gain a better
understanding of parenting practices, what
influences parental decisions to use different
discipline techniques and parental attitudes to
physical punishment. The Welsh Government
continues its investment in the “Flying Start”
and “Families First” programmes226 which
actively support parents to parent positively,
without resorting to physical punishment.
110.79 (corporal
punishment of
children)
226
110.79
Take measures to
ensure the freedom
of children from
physical
punishment in
accordance with the
Convention on the
Rights of the Child
(Norway)
The recommendation does not enjoy the support Recommendation 110.79 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.78.
See recommendation 110.78
http://wales.gov.uk/topics/childrenyoungpeople/parenting/help/?lang=en
102
Reference
110.80 (corporal
punishment of
children)
110.81 (pre-trial
detention)
UPR
Recommendations
110.80
Introduce a ban on
all corporal
punishment of
children as
recommended by
the CRC and other
treaty bodies
(Finland)
110.81
Strengthen
guarantees for
detained persons,
and not to extend
but to shorten the
length of time of
pre-trial detention
(Islamic Republic of
Iran)
UK position in September 2012
Update (July 2014)
The recommendation does not enjoy the support Recommendation 110.80 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in the
response to recommendation 110.78.
See recommendation 110.78
The recommendation does not enjoy the support Recommendation 110.81 does not enjoy the
of the United Kingdom.
support of the UK.
A suspect who has been charged with an
indictable offence has a right to bail under the
Bail Act 1976, but may be remanded in custody
where one or more ‘exceptions to bail’ are
present. The most important of these are that
there are substantial grounds for believing that
if released on bail the defendant would: fail to
return to court; commit an offence; or interfere
with witnesses or otherwise obstruct the course
of justice.
The period for which a defendant who is
remanded in custody may be detained is
governed by custody time limits which limit the
time which may elapse between first
appearance and start of trial to 56 (or in certain
cases 70) days for cases being tried summarily,
227
Pages 36, 90 and 119, and following pages of CAT/C/GBR/5
Page 5 of CAT/C/GBR/Q/5Add.1
229
Pages 110 and 117 (and following pages) of CCPR/C/GBR/7
230
https://www.gov.uk/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention
231
http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/letterofrights
232
http://www.justiceinspectorates.gov.uk/hmiprisons/national-preventative-mechanism/#.U5ciWFMulSN
228
103
See the UK 5th periodic report under the
CAT227, the UK response to the list of issues
under the CAT examination in 2013228, and the
UK 7th periodic report under the ICCPR229.
Prisoners in the UK are already guaranteed a
number of basic rights, including, for example,
access to a lawyer and healthcare. Those in
police custody are informed of their rights
through, for example, the “Notice of Rights and
Entitlements”230 in England and Wales, and the
“Letter of rights” 231 in Scotland. Detention
conditions across the UK are regularly
monitored by the UK National Preventive
Mechanism232, established under the OP-CAT.
As a State Party to the ECPT, the UK also
receives visits from the Council of Europe
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
and to a total of 182 days for cases tried on
indictment. The limits may be extended by the
court on application, provided there is a good
and sufficient cause for so doing and that the
prosecution has shown all due diligence and
expedition. When the custody time limit
expires, the defendant must be released on bail.
European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment
or Punishment (the UK responses to the
Committee’s visit reports are usually published
on the Council of Europe’s website233).
Scotland
Strict limitations on pre-trial detention have
been a long-standing feature of the law of
Scotland. Those accused of an offence tried
under summary procedure (in the lower courts
and without a jury) may be held for a maximum
period of 40 days. In more serious cases, tried
before the higher courts, the maximum period
of pre-trial detention is 110 or 140 days,
depending on which court hears the case.
These detention periods are already short by
international standards. The importance of
bringing fully prepared cases to court as quickly
as possible has been a guiding principle in
previous and ongoing reforms to the criminal
justice system in Scotland.
233
The Protection of Freedoms Act 2012234
reduced the maximum period that a terrorist
suspect could be detained, before being charged
or released, from 28 to 14 days.
The UK Government also introduced measures
in October 2013235 to ensure that 17 year olds in
custody are treated the same way as children.
They must be provided with an “Appropriate
Adult” to enhance their welfare, and have a
parent or legal guardian informed of their status
as a detained person.
In Scotland, previous and ongoing reforms to
the criminal justice system are designed to bring
fully prepared cases to court as quickly as
possible. In terms of additional guarantees, the
Scottish Government plans to consider new
safeguards for child and vulnerable adult
suspects being questioned by the police
(currently being taken forward in draft
legislation). The Criminal Justice (Scotland)
Bill, currently before Parliament, extends the
time that an accused can be remanded in
custody pending trial from 110 to 140 days,
following a recommendation of the Bowen
http://www.cpt.coe.int/en/states/gbr.htm
http://www.legislation.gov.uk/ukpga/2012/9/part/4/crossheading/precharge-detention-of-terrorist-suspects/enacted
235
https://www.gov.uk/government/news/changes-made-to-police-custody-rules
234
104
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Review of Sheriff and Jury Procedure. This is
in order to accommodate more communication
and preparation between the prosecution and
defence prior to a trial, with a view to avoiding
trials being postponed. The Bill also includes
provision that seeks to ensure suspects are not
unnecessarily or disproportionately held in
police custody. This includes the introduction of
investigative liberation, whereby police are able
to release a person from custody for a set period
of time whilst they carry out further
investigations. The Scottish Government has
also established a right to essential information
for suspects in criminal proceedings (including
a right to interpretation and translation), and has
created a "letter of rights" in a range of
languages explaining their rights to persons in
custody..
See also the response to recommendation
110.83.
110.82 (legal
advice whilst in
detention)
236
237
110.82
Ensure realization
of the right of
detainees to the
legal assistance
immediately after
being taken into
detention without
exception
(Russian
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.82 enjoys the support of
the UK in part.
In non-terrorism cases in England and Wales,
there is a right to consult a solicitor privately at
any time following arrest and entry into police
custody (see section 58 of the Police and
Criminal Evidence Act 1984, and the
accompanying code of practice Code C). On
detention at a police station, the detainee must
A High Court judgement236 in November 2013
confirmed that individuals detained for
examination under Schedule 7 to the Terrorism
Act 2000237, whether at a port or police station,
have the right to consult a solicitor in private, in
person and at any time during the period of
detention. The UK Government clarified in the
[2013] EWHC 3397 (Admin)
http://www.legislation.gov.uk/ukpga/2000/11/schedule/7
105
Reference
UPR
Recommendations
Federation)
UK position in September 2012
Update (July 2014)
be informed of that right and asked whether
they wish to exercise it. If they ask to speak to a
solicitor, they must be allowed to do so as soon
as practicable unless, exceptionally in serious
cases, a senior police officer authorises this to
be delayed on limited grounds, on the basis that
providing immediate access would lead to
serious adverse consequences including injury
to persons and interference with or harm to
evidence or the escape of other suspects. The
delay may not in any case be for more than 36
hours or after the person has been charged
whichever is sooner.
Anti-Social Behaviour, Crime and Policing Act
2014238 that any person examined under
Schedule 7 for more than one hour has the right
to access legal advice at any time during their
examination. Where a person has requested a
consultation with a solicitor, then questioning of
the person may not continue until such times as
the person has consulted with their solicitor
unless to delay the questioning would prejudice
the purpose of the examination.
Schedule 8 to the Terrorism Act 2000 and
PACE Code H apply to persons arrested under
section 41 of the Act and provide for similar
rights to those provided to individuals arrested
under PACE. These include the right to consult
a solicitor privately and as soon as reasonably
practicable and the right not to be held
incommunicado. Schedule 8 also provides that
the right to access legal advice may be delayed
where there is reason to believe that its
immediate provision will lead to a number of
consequences. These include interference with
the gathering of information about the
commission, preparation or instigation of acts
of terrorism, or tipping off others who may
have been involved in an act of terrorism. Any
such delay must be authorised by a senior
police officer and may not in any case be
238
239
http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted
http://www.legislation.gov.uk/ukpga/2000/11/schedule/8
106
In addition, the right to consult with a solicitor
may be delayed under Schedule 8 of the
Terrorism Act 2000239 where there is reason to
believe that its immediate provision will lead to
a number of consequences, including
interference with the gathering of information
about the commission, preparation or instigation
of acts of terrorism, or tipping off others who
may have been involved in an act of
terrorism. Any such delay must be authorised by
a senior police officer and may not in any case
be delayed beyond 48 hours. It should also be
noted that, exceptionally, a direction may be
made under Schedule 8 providing that
consultation with a solicitor must take place in
the sight and hearing of a “qualified officer”.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
delayed beyond 48 hours. Note also that
exceptionally, a direction may be made under
Schedule 8 providing that consultation with a
solicitor must take place in the sight and
hearing of a “qualified officer”.
Scotland
In Scotland, an immediate right of access to a
lawyer in non-terrorist cases was established by
the Criminal Procedure (Legal Assistance,
Detention and Appeals) (Scotland) Act 2010.
In non-terrorist cases, the period of pre-charge
detention in Scotland is limited to 12 hours
under the legislation. This period can be
extended a further 12 hours by a senior police
officer in certain circumstances related to the
investigation.
110.83 (closed
material
procedures)
240
110.83
Continue efforts to
ensure that “secret
evidence” is only
used in cases where
there is a serious
and immediate
threat to public
security and ensure
independent and
effective judicial
oversight
(Austria)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.83 enjoys the support of
the UK.
Work in response to this recommendation is
already being taken forward through the Justice
and Security Bill. Currently, closed material
procedures (CMPs) are available in an
extremely limited number of contexts in the
UK, but the courts have found that in certain
circumstances they can be fairer than fully open
and transparent proceedings, particularly in
circumstances where a claim might fail if
relevant sensitive information could not be
taken into account. The Justice and Security
The Justice and Security Act 2013240 empowers
senior courts to apply a “closed material
procedure” (CMP) in civil cases involving
sensitive material, the disclosure of which
would be damaging to national security. The
process contains various judicial safeguards,
including:
 That the judge will be able to grant an
application for a CMP declaration from
any party, not just the government, and
order one of his/her own motion.
http://www.legislation.gov.uk/ukpga/2013/18/contents
107
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Bill will make CMPs available in other civil
proceedings, but only where open disclosure of
relevant material would damage national
security. Judges will decide whether a CMP is
needed, and how each individual piece of
evidence should be dealt with. In practice,
nothing in these proposals will enable evidence
which is heard in open court under present
arrangements to be heard in secret in future.



Scotland
Scotland implemented measures covering
disclosure of information to the defence by
means of the Criminal Justice and Licensing
(Scotland) Act 2010. All consideration of
"secret evidence" is dealt with by a judicially
managed process involving special counsel.


108
That the claimants will be able to apply
to the judge for a CMP for material they
do not hold themselves.
That the judge has the explicit power to
revoke a declaration at any point in the
proceedings if he/she does not believe its
continuation to be in the interests of the
fair and effective administration of
justice in the proceedings.
That the judge will be required to
conduct a formal review of his/her
decision to grant a CMP declaration
once the disclosure of material has taken
place in open and closed sessions, to
determine whether a declaration is still
in the interests of the effective and fair
administration of justice in the
proceedings. If it is not, the judge must
revoke the declaration, as a result of
which there will be no CMP in those
proceedings. The review will be
conducted on all the material put before
the court up to that point, not just on the
subsection of material that may be
presented at the original application for a
declaration.
That the judge will only be able to grant
a declaration to enable an application for
a CMP if one is in the interests of the
fair and effective administration of
justice in the case.
That the judge must be satisfied that the
government has considered whether to
make a claim for “public interest
immunity” before making an application
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
for a CMP as one of the tests to be met
before a CMP could be granted.
Furthermore, ss.12241 and 13242 Justice and
Security Act 2013 require respectively a factual
report on the operation of CMPs under the Act
to be laid before the UK Parliament every year,
and a five year review on the operation of
CMPs under the Act to be carried out and
presented in a report to the UK Parliament in
2018.
In Scotland, the Scottish Government
implemented the recommended practice in the
disclosure (of information to the defence)
regime set out in the Criminal Justice and
Licensing (Scotland) Act 2010243. The
disclosure of information is dealt with by a
judicially managed process.
110.84 (Detainee
Inquiry)
110.84
Begin an
independent
investigation of all
cases of arbitrary
detention
denounced due to
UK’s implication in
the program of
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.84 enjoys the support of
the UK.
In July 2010, the Prime Minister announced a
series of measures in order to try and draw a
line under the serious allegations that had been
made about the role the UK has played in the
treatment of detainees held by other countries.
We have published Consolidated Guidance
See the response to recommendation 110.67, the
UK 5th periodic report under the CAT244, the
UK response to the list of issues under the CAT
examination in 2013245, the UK follow up
information of May 2014 under the CAT246, and
the UK 7th periodic report under the ICCPR247.
241
http://www.legislation.gov.uk/ukpga/2013/18/section/12
http://www.legislation.gov.uk/ukpga/2013/18/section/13
243
http://www.legislation.gov.uk/asp/2010/13/part/6
244
Pages 8 (and following pages), 28-29 of CAT/C/GBR/5
245
Pages 4, 16-17, 18-21 of CAT/C/GBR/Q/5Add.1
246
Page 3 of CAT/C/GBR/CO/5/Add.1
242
109
Reference
UPR
Recommendations
secret detention led
by the United States
(Nicaragua)
UK position in September 2012
Update (July 2014)
which provides clear directions for intelligence
officers and service personnel dealing with
foreign liaison services regarding detainees held
overseas. The Government also established the
Detainee Inquiry to investigate whether Britain
was implicated in the improper treatment or
rendition of detainees held by other countries
that may have occurred in the aftermath of
9/11. Although a decision has since been taken
to draw this Inquiry to a conclusion while the
Metropolitan Police Service carry out related
criminal investigations, the Inquiry Chair, Sir
Peter Gibson has provided the Government as
requested with a report on its preparatory work
to date, highlighting particular themes or issues
which might be the subject of further
examination. The Government is now looking
carefully at its contents and is committed to
publishing as much of this interim report as
possible. In his statement to the House on 18
January 2012, the Justice Secretary said that the
UK Government remained committed to
drawing a line under these issues and fully
intends to hold an independent, judge-led
inquiry once it is possible to do so and all
related police investigations have been
completed. In the debate that followed, the
Justice Secretary said that the Government now
had more time, although it did not want it, to
consider the reservations some NGOs had
raised about the Gibson Inquiry's approach.
247
Pages 96, 120 of CCPR/C/GBR/7
http://www.detaineeinquiry.org.uk/wp-content/uploads/2013/12/35100_Trafalgar-Text-accessible.pdf
249
http://isc.independent.gov.uk/
248
110
The UK Government published the report248 of
the Detainee Inquiry on 19 December 2013. The
UK Government has asked the “Intelligence and
Security Committee”249 of the UK Parliament to
inquire into the themes and issues identified in
the report, take further evidence, and report to
the UK Government and to the UK Parliament
on the outcome of their inquiry.
Related police investigations remain ongoing.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
However, the Government will not look at the
question of terms of reference and protocols for
a new Inquiry until we reach the point that one
can be set up. In the meantime, relevant
government departments and agencies are cooperating fully with the police investigations.
110.85 (ICRC
access to prisons)
110.85
Facilitate the ICRC
access to prisons
(Islamic republic of
Iran)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.85 enjoys the support of
the UK.
The ICRC already have a well established visit
programme to UK detention facilities in
Afghanistan, which are the only facilities that
currently fall within their mandate. Should there
be any further requirement for such facilities,
we would, as a matter of course, cooperate fully
with the ICRC.
The UK Government continues to cooperate
with the “International Committee of the Red
Cross” (ICRC).
As set out in the response to recommendation
110.81, it should also be noted that detention
conditions across the UK are regularly
monitored by the UK National Preventive
Mechanism, established under the OP-CAT. As
a State Party to the ECPT, the UK also receives
visits from the Council of Europe European
Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or
Punishment.
In Scotland, the Scottish Government is in the
process of abolishing the current system of
prison visiting committees and replacing them
with prison monitors under the auspices of the
Chief Inspector of Prisons for Scotland. A
number of organisations in Scotland, including
the SHRC, also form part of the UK National
Preventive Mechanism.
110.86 (reducing
110.86
The recommendation enjoys the support of the
111
Recommendation 110.86 enjoys the support of
Reference
prison
overcrowding)
UPR
Recommendations
Take measures to
reduce prison
overcrowding and
improve conditions
for detainees
(Russian
Federation)
UK position in September 2012
Update (July 2014)
United Kingdom.
the UK.
The UK Government remains committed to
providing safe, decent and secure places for
those in custody. Each establishment has a
Certified Normal Accommodation (CNA),
which is the uncrowded capacity of the
establishment. CNA represents the good, decent
standard of accommodation that NOMS aspires
to provide all prisoners.
With regard to the independent monitoring of
detention conditions across the UK, see the
response to recommendation 110.85.
Each establishment also has an Operational
Capacity. This is the total number of prisoners
an establishment can safely hold, including
crowding. This is carefully set by senior prison
managers on the basis of operational judgement
and experience and takes account control,
security and the proper operation of the planned
regime.
In the longer-term, a new prison in Wrexham to
be built by 2017 will provide another 2,000
prison places. Prior to that, an additional 2,000
places will come onstream by April 2015,
including 1,250 places in purpose-build modern
accommodation at existing prisons.
Scotland
Also see response to recommendation 110.87
250
251
https://www.gov.uk/government/publications/transforming-rehabilitation-a-strategy-for-reform
http://www.legislation.gov.uk/ukpga/2014/11/section/4/enacted
112
In England and Wales, the number of prisoners
held in crowded conditions in prisons is at its
lowest point since 2001/02, falling from a peak
of 25.3% in 2007/08 to 22.9% in 2013/14.
The UK Government’s strategy “Transforming
Rehabilitation”250 aims at reducing reoffending,
thus prison overcrowding, by: extending
statutory rehabilitation, through the Offender
Rehabilitation Act 2014251, to all 50,000 of the
most prolific group of re-offenders (offenders
sentenced to less than 12 months in custody)
who currently receive no statutory support on
release; fundamentally changing the
organisation of the prison estate, in order to put
in place a “through the prison gate” resettlement
service, meaning most offenders are given
continuous support by one provider from
custody into the community; opening up the
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
market to a diverse range of new rehabilitation
providers; introducing new payment incentives
for market providers to focus on reforming
offenders; introducing a new national public
sector probation service, working to protect the
public and building upon the expertise and
professionalism which are already in place.
Statistics on reoffending in England and Wales
are regularly updated on the UK Government’s
website252; there has been a reduction in
reoffending (of offenders on court orders under
probation supervision) of 6.05% in 2012/13
compared to 2007/08.
In Scotland, the Scottish Government continues
to invest in a fit-for-purpose prison estate.
Following the opening of HMP Low Moss in
early 2012, HMP Shotts was rebuilt and
reopened in October 2012, and a further new
prison, HMP & YOI (Young Offender
Institution) Grampian, opened in March 2014,
to replace the aging facilities at HMP Aberdeen
and HMP Peterhead. The Community Payback
Order and the presumption against short
sentences have now been in force for over 3½
years and have been successful in reducing the
number of individuals being sentenced to short
periods of imprisonment.
110.87 (reducing
prison
overcrowding,
and alternative
252
110.87
Take concrete steps
to further reduce
overcrowding of
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.87 enjoys the support of
the UK.
The UK Government is committed to
See the response to recommendation 110.86.
https://www.gov.uk/government/collections/reoffending-statistics
113
Reference
sentencing for
young offenders)
253
254
UPR
Recommendations
prisons, including
through the
increased
application of
alternative
sentencing for
juvenile offenders
(Austria)
UK position in September 2012
Update (July 2014)
modernising the custodial estate with 2,500
efficient and good quality places being
delivered in 2012, at two new purpose-built
prisons, HMP Thameside and HMP Oakwood.
Since 2010 we have closed over 800 old and
inefficient prison places and reduced crowding
in private sector prisons by over 400 places.
In England and Wales, there is a youth justice
system253 that includes a specialised Youth
Court, youth custodial establishments and
Youth Offending Teams who work with and
supervise young people who have offended.
Where criminal offences are committed by
children and young people aged 10-17, there are
This sits alongside plans to introduce more
a range of formal and informal out-of-court
effective sentencing and rehabilitation policies
disposals that can be used as an alternative to
to break the destructive cycle of crime. Plans
prosecution in court. Formal disposals include
for reforming sentencing, if successfully
youth cautions and youth conditional cautions
implemented, are expected to stabilise the
which may be given for any offence where the
prison population over the next four years.
young offender admits an offence, and there is
sufficient evidence for a realistic prospect of a
There is a discrete juvenile justice system in
conviction, but it is not in the public interest to
operation in England and Wales that includes
prosecute. Within youth conditional cautions,
specialised youth Courts, youth custodial
there are conditions attached that require young
establishments and Youth Offending Teams
people to put things right or seek help for their
who work with and supervise young people
behaviour; the conditions’ aims include
who have offended. Where criminal offences
rehabilitation, reparation and/or punishment.
are committed by juveniles there are a range of “Restorative Justice”254 approaches can take
out-of-court disposals that can be used as an
place at all stages of the youth justice system,
alternative to prosecution in court if this is in
including out of court and post sentence, though
the public interest. Disposals such as warnings
they are not an alternative to the formal criminal
and youth conditional cautions allow
justice system.
rehabilitative and reparative activities to take
Custody for young people aged 10-17 years old
place without prosecution. Restorative Justice
remains an option of last resort and should be
approaches are used as an alternative to the
used only for the most serious and persistent
juvenile justice system and in addition to formal offenders. For example, courts are required by
https://www.gov.uk/government/publications/national-standards-for-youth-justice-services
https://www.gov.uk/government/collections/restorative-justice-action-plan
114
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
disposals and court sentences.
the Criminal Justice and Immigration Act
2008255 to consider a Youth Rehabilitation
Custody for juveniles remains an option of last
Order with intensive fostering or intensive
resort and should be used only for the most
supervision and surveillance as a specified
serious and persistent offenders. For example
alternative to custody, when the custody
courts are required by statute to consider a
threshold is reached for an under 18. If they
youth rehabilitation order with a high intensity
still consider custody is warranted, then courts
requirement as a specified alternative to custody must explain in open court why a youth
when the custody threshold is reached for an
rehabilitation order is not appropriate.
under 18. If they still consider custody is
warranted then they must explain in open court The average (under 18) population of young
why a youth rehabilitation order is not
people in custody256 in 2012/13 was 1,544, a
appropriate.
reduction of 21% on the previous year.
Provisional figures for 2013/14 show that the
Scotland
average population of young people in custody
was 1,233. Overall crime and proven offending
The Scottish Government continues to invest in by young people also fell during this period. In
a fit-for-purpose prison estate as well as
the 12 months ending December 2013: 6.5% of
introducing a range of reforms to help reduce
all young offenders sentenced received a
the prison population and reoffending. As an
custodial sentence; 66% received a community
alternative to custody, the Scottish Government sentence (of which 55% received a Referral
has introduced the Community Payback Order
Order and 44% received a Youth Rehabilitation
as well as presumption against sentences of 3
Order – the two most common types of youth
months or less, and are working closely with
community sentence); while 27% received a
key partners through a joint working group
first-tier penalty (fine, discharge or otherwise
which seeks to delver continued improvement
dealt with). The average length of time a young
in this area.
person spent in youth custody in 2012/13was 85
days. The average length of time that a
sentenced young offender spent in custody (i.e.
excluding remands) in 2012/13 was 125 days,
though some will have continued to serve their
sentence in the adult prison estate after turning
255
256
http://www.legislation.gov.uk/ukpga/2008/4/section/1
https://www.gov.uk/government/collections/youth-justice-annual-statistics
115
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
18. The average length of time a young person
spent in custody on remand was 45 days in
2012/13.
In Scotland, the Scottish Government is
championing the use of the “whole system”
approach which aims to achieve positive
outcomes for young people by helping various
statutory and non-statutory bodies to work
together to prevent and reduce offending by
children and young people. This has seen a
marked reduction in the number of juvenile
offenders receiving custodial sentences.
In Wales, the Welsh Government’s “Youth
Crime Prevention Fund” supports projects, like
TRIAGE, aimed at diverting young people
away from crime and anti-social behaviour.
TRIAGE focuses on restorative justice and is
offered at the point of first arrest for a minor
offence and delivered by Media Academy
Cardiff, in partnership with South Wales Police.
The project covers up to 600 children and young
people a year.
110.88 (Bangkok
Rules
incorporation)
257
258
110.88
Consider
incorporating the
UN Rules for the
Treatment of
Women Prisoners
and Non-Custodial
The recommendation enjoys the support of the
United Kingdom257.
Recommendation 110.88 enjoys the support of
the UK.
Following Baroness Corston’s Review of
Women with Particular Vulnerabilities in the
Criminal Justice System in 2007, the United
Nations Rules for the Treatment of Women
The UK Government commissioned258 a
“Women’s Custodial Estate Review” in January
2013. The report was published on 25 October
2013 and recommended that the women’s
The UK interprets “incorporating” as meaning policy of women prisoners being in line with the “Bangkok Rules”.
https://www.gov.uk/government/publications/a-new-approach-to-managing-female-offenders
116
Reference
UPR
Recommendations
Measures for
Women Offenders,
otherwise known as
the “Bangkok
Rules“ as part of its
policy on the
treatment of women
prisoners
(Thailand)
UK position in September 2012
Update (July 2014)
Prisoners and Non-Custodial Measures for
Women Offenders (the “Bangkok Rules”) are
very much in line with current government
policy on women offenders in England and
Wales.
prison estate be reconfigured to ensure that
women are held closer to home with access to
the right interventions and with opportunities
for meaningful resettlement. The UK
Government is implementing these reforms
which will ensure that female prisoners will be
better placed to maintain contact with their
families and children and gain the skills for
them to find employment on release. These
changes sit alongside the “Transforming
Rehabilitation” reforms (see the response to
recommendation 110.86) whereby all women’s
prisons are to become resettlement prisons. In
recognition of the specific needs of female
offenders, the UK Government developed a
different operating model for “through the gate”
services under these reforms, and anticipates
that the vast majority of women in custody will
have their resettlement needs met by their home
“Community Rehabilitation Company”. Under
the reforms, every offender leaving prison will
be given tailored support for at least 12 months
aimed at supporting successful community
reintegration and rehabilitation. Women are
overrepresented amongst those serving short
sentences when compared to the overall
offending population so will benefit particularly
from this element of the reforms.
Scotland
The Scottish Government recently
commissioned an expert Commission on
Women Offenders to examine how to improve
the outcomes for women offenders in the
criminal justice system. The Scottish
Government are working with justice partners
to take forward the recommendations and in
doing so are considering the ‘Bangkok Rules’
as part of the policy development in this area.
In Scotland, in relation to female offenders,
Scotland has established standards for treatment
in a custodial and non-custodial setting which
comply with the broad principles set out in the
Bangkok Rules. The Scottish Government
continues to improve the outcomes for women
117
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
offenders in the criminal justice system, and
commissioned an independent expert
“Commission on Women Offenders”259 to
examine how to improve these and make
recommendations in this regard. The Scottish
Government largely accepted these
recommendations and is working with justice
partners to take these forward.
In Wales, the Welsh Government enhances
delivery of the above reforms, for example by
supporting the development of the Integrated
Offender Management Cymru’s “Women
Offender Pathfinder”, aimed at managing
women offenders under a “whole system”
approach from first contact with the police
onwards.
110.89
(reintegration of
offenders)
259
260
110.89
Improve programs
for social
reintegration of
detainees
(Nicaragua)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.89 enjoys the support of
the UK.
In England and Wales the National Offender
Management Service provides a range of
programmes and initiatives to support the
reintegration of offenders into society on their
release from prison. We regard our work in this
area as best practice and we continue to identify
opportunities for improvement wherever they
occur. Since the introduction of offender
management in custody, offenders sentenced to
12 months or more (who will be supervised by
probation on their release) are supported
See the response to recommendation 110.86.
http://www.scotland.gov.uk/About/Review/commissiononwomenoffenders
https://www.gov.uk/government/collections/national-probation-service-and-crc-location-maps
118
In England and Wales, the “Transforming
Rehabilitation” strategy, referred to in the
response to recommendation 110.86, was
introduced. As part of this strategy:
 Offenders released on licence will be
supervised either by the National
Probation Service or, in low/medium
risk cases, Community Rehabilitation
Companies260, for the purposes of public
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
through their sentence by an offender manager
or offender supervisor from the probation or
prison service. This involves assessing their
needs and risks of reoffending, planning the
things to work towards in their sentence to
reduce their risks and needs, and reviewing
their progress through the sentence. A critical
part of this process is planning for release, to
ensure that measures are put in place to support
their effective reintegration, including
addressing housing need, employment and
access to services such as drugs and alcohol
services. Offenders released on licence will be
supervised by the probation service, for the
purposes of public protection, rehabilitation and
effective resettlement into the community.
An example of a practical resource that
offenders can access while in custody is the
Focusing on Resettlement (FOR) programme.
This is a brief cognitive motivational
intervention specifically developed to tackle the
significant reoffending rates associated with
shorter term prisoners. The aim of the FOR
programme is to reduce re-offending by:
Increasing offenders’ motivation to set their
own ‘agenda for change’ as they prepare for
release and increase their engagement with
services providing assistance with resettlement.
Scotland
The Scottish Government are undertaking an
ongoing process of review and proactive
improvement to adult community justice
119

protection, rehabilitation and effective
resettlement into the community.
Community Rehabilitation Companies
will be working on a “Payment by
Results” principle, where they will only
benefit financially where there is
evidenced reduction in reoffending for
their cohort of offenders.
A minimum period of 12 months on
licence/supervision for all offenders
sentenced to custody, including those
sentenced to less than 12 months, will
apply. This means that all offenders are
supported through their sentence, which
includes assessing their needs and risks
of reoffending, planning the
interventions required to reduce their
risks and needs, and reviewing their
progress through the sentence. A critical
part of this process for custodial cases is
planning for release, to ensure that
measures are put in place to support
their effective reintegration, including
addressing housing need, employment
and access to services such as drugs and
alcohol services. The introduction of the
Community Rehabilitation Companies is
expected to further enhance the
provision and impact of these services.
In Scotland, in relation to reintegration of
detainees, we have already identified reducing
reoffending as a principle where proactive
improvement could make a significant
contribution to reducing crime, improving
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
services. The Scottish Government are taking
forward a three year Reducing Reoffending
Programme 2012-15, which will include
thorough examination of the funding, structures
and performance management for the delivery
of such services, and the establishment of new,
improved structures and processes as necessary.
A separate project will analyse the management
of offenders' transition from custody to
community, and deliver improvements to the
processes and services available to all prison
leavers, with a particular focus on those
completing short-term sentences. We will also
take action to deliver improved conditions and
treatment for women offenders, responding to
the recommendations of an independent, expert
Commission.
public life, and reducing the prison population.
With that aim, we are undertaking an ongoing
process of review and proactive improvement to
adult community justice services. Under the
second three year iteration of the Reducing
Reoffending Programme 2012-15, this work
will include thorough examination of the
funding, structures and performance
management for the delivery of such services,
and the establishment of new, improved
structures and processes as necessary. A
separate project will analyse the management of
offenders' transition from custody to
community, and deliver improvements to the
processes and services available to all prison
leavers, with a particular focus on those
completing short-term sentences.
In Wales, the Welsh Government enhances the
resettlement of prisoners including by
supporting the development of the Integrated
Offender Management Cymru’s, a multi-agency
approach to managing those offenders who have
been identified as causing most damage to local
communities.
110.90 (combating
discrimination)
110.90
Take more effective
measures to ensure
that the
perpetrators of acts
of discrimination,
hate crimes and
xenophobia are
adequately deterred
The recommendation enjoys the support of the
United Kingdom.
The UK has in place one of the strongest
legislative frameworks in the world to protect
communities from hostility, violence and
bigotry.
A number of laws to deal with those who incite
120
Recommendation 110.90 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.11, 110.59 and 110.60.
In July 2013, the National Offender
Management Service published its “Hate Crime
Practice Framework”, which sets out what is
expected of staff in probation and prisons in
dealing with offenders convicted of hate crime.
Reference
UPR
Recommendations
and sanctioned
(Malaysia)
UK position in September 2012
Update (July 2014)
hatred and violence already exist. This includes
specific offences of stirring up hatred on the
grounds of race, religion and sexual orientation.
To reflect the seriousness of hate crime, the
courts also have powers to increase the sentence
for any offence aggravated by hostility towards
a person based on their disability, race, religion,
or sexual orientation and they have not
hesitated to use these general powers to reflect
these aggravating factors when sentencing.
The Law Commission on behalf of the UK
Government examined the case for extending
existing hate crime legislation to other forms of
hate crimes. The report from the Commission’s
exercise was published in May 2014261 and sets
out its findings and recommendations for the
UK Government. The UK Government will
carefully consider the findings and respond to
the Law Commission in due course.
In addition to the specific offences of stirring up
hatred, there are also separate offences for
racially and religiously aggravated crimes under
the Crime and Disorder Act 1998. These
offences carry higher maximum penalties than
the basic offence equivalents and the Act also
places a duty on courts to treat more seriously
any offence shown to be racially or religiously
aggravated. Specific legislation for offences
committed at football matches also exist,
including for racist chanting and football
banning orders for those who stir up hatred.
The Government recognises the importance of
ensuring legislation protects all victims of hate
crime and that those who commit these offences
are dealt with effectively. Within its plan to
tackle hate crime, the Government has
committed to a number of actions, which
include amending and reviewing specific
legislation relating to hate crime and producing
a framework covering prisons and probation
261
http://lawcommission.justice.gov.uk/publications/2730.htm
121
In Scotland, in 2009 the Scottish Government
supported legislative change to strengthen the
criminal law in dealing with hate crime, and
current data collection in Scotland includes a
variety of statistics relating to hate crime. This
encompasses statistics about people convicted
in court for "aggravated" crimes, including hate
crimes relating the protected characteristics of
race, religion, disability, sexual orientation and
gender reassignment. A campaign to raise
awareness about hate crime, including racism,
ran earlier in 2014, and was successful in
reaching a wide audience.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
services to assist staff in identifying, assessing,
intervening and managing people involved in
hate related offending.
Scotland
In Scotland, the Offences (Aggravated by
Prejudice) (Scotland) Act 2009 strengthens the
criminal law in dealing with hate crime.
110.91
(monitoring hate
crime)
110.91
Strengthen data
collection and
maintain
disaggregated data
to better
understand the
scale and severity of
hate crimes towards
women,
immigrants,
religious minorities,
persons with
disabilities, and
children
(United States of
America)
The recommendation enjoys the support of the
United Kingdom in part.
As set out in response to recommendation
110.60 above, the UK understands the
importance of strengthening its data collection
and has already committed to improving the
recording of hate crimes, and developing a
better understanding of the scale and severity of
the problem in order to ensure that resources are
allocated appropriately.
As a first step, this year we published analysis
of data on the extent of and perceptions towards
hate crime from the 2009/10 and 2010/11
British Crime Survey (BCS). The BCS asks
people about their experiences of crime in the
last 12 months, which are used to estimate
levels of crime in England and Wales. As part
of the BCS all victims are asked if they believe
that the incident was a hate crime motivated by
seven different strands, including the five
strands that are monitored by criminal justice
agencies and then by age and gender. The data
demonstrates the contrast between victims who
122
Recommendation 110.91 enjoys the support of
the UK in part for the reasons set out in the
response to recommendations 110.11, 110.59
and 110.60.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
have experienced crime and those incidents that
are reported to the police, and underlines the
importance of our efforts to build victims’
confidence to come forward.
At present published data on the nature of hate
crime is not disaggregated further beyond the
seven strands set out in response to
recommendation 110.60, and does not include
children under the age of 16 years. However,
information gathered from incidents reported to
police forces can also be used to identify trends
and inform policing decisions.
We will continue to work with the relevant
agencies to consider any other steps that could
be taken to improve the collection of data
relating to hate crime.
Scotland
In Scotland, data collect includes a variety of
statistics about the number of convictions for
aggravated crimes, including hate crimes
relating to certain protected characteristics
including religion, disability and sexuality.
Wales
The All Wales Hate Crime Research Project
which is being led by Cardiff University and
Race Equality First has received a three year
Big Lottery Grant to undertake groundbreaking
research which focuses on hate crime and hate
related incidents across all recognised equality
123
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
strands (age, disability, gender, race, religion
and belief, sexual orientation and transgender
status). The project aims to generate robust data
on the prevalence, nature and impact of hate
crime across Wales and to enhance
communications, capacity building activities
and information sharing about good practice in
addressing hate crime.
110.92 (Northern
Ireland Historical
Enquiries Team)
110.92
Encourage the
devolved
government of
Northern Ireland to
increase resources
and personnel
available to the
Historical Enquiries
Team
(United States of
America)
The recommendation does not enjoy the support Recommendation 110.92 does not enjoy the
of the United Kingdom.
support of the UK.
The allocation of resources to the Historical
Enquiries Team is a matter for the devolved
administration in Northern Ireland.
See the the UK 5th periodic report under the
CAT262, the UK response to the list of issues
under the CAT examination in 2013263, and the
UK follow up information of May 2014 under
the CAT264.
The allocation of resources to the Northern
Ireland Historical Enquiries Team remains a
matter for the Northern Ireland Executive.
At the request of the Police Service of Northern
Ireland (PSNI), the Northern Ireland Historical
Enquiries Team was the subject of an inspection
by HM Inspectorate of Constabulary in 2012.
The inspection’s report is publicly available
since July 2013265. The response of the
Northern Ireland Executive is also published266
and reflects the PSNI’s acceptance of the
recommendations contained in the report.
262
Page 30 of CAT/C/GBR/5
Pages 15 of CAT/C/GBR/Q/5Add.1
264
Page 7 of CAT/C/GBR/CO/5/Add.1
265
http://www.hmic.gov.uk/publication/hmic-inspection-of-the-historical-enquiries-team/
266
http://www.northernireland.gov.uk/index/media-centre/news-departments/news-doj/news-doj-july-2013/news-doj-030713-justice-minister-responds.htm
263
124
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The implementation of these recommendations
is being taken forward by the PSNI and the
Northern Ireland Policing Board.
110.93
(investigating the
death of an
Angolan national)
110.93
Publish the
conclusions of the
inquiry into the
death of an Angolan
national during a
deportation
procedure in
October 2010
(Angola)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.93 enjoys the support of
the UK.
The UK Government deeply regrets the death
of Mr Mubenga.
See the the UK response to the list of issues
under the CAT examination in 2013267.
The circumstances surrounding Mr Mubenga’s
death are currently the subject of investigations
by the Prisons and Probation Ombudsman and
the coroner. The Prisons and Probation
Ombudsman will publish their anonymised
report into the death of Mr Mubenga after the
inquest into his death has concluded. The
inquest will be held in public and the judgment
made publicly available.
The jury in the inquest into the death of Mr
Mubenga found that unreasonable force was
used which the guards would have known to
have caused harm if not serious harm.
The Crown Prosecution Service announced on
20 March 2014 that they were bringing charges
of manslaughter against the three guards who
escorted Mr Mubenga during his removal.
The Coroner issued a Rule 43 report (now
known as a “Prevention of Future Deaths”
report) on 1 August 2013268; this had six
recommendations, five were for the UK
Government (the remaining recommendation
was for the airline company).
The independent Prisons and Probation
Ombudsman for England and Wales published
its report on 20 May 2014269.
267
Pages 6-7, 33 of CAT/C/GBR/Q/5Add.1
http://iapdeathsincustody.independent.gov.uk/wp-content/uploads/2013/12/Rule-43-Report-Jimmy-Mubenga.pdf
269
http://www.ppo.gov.uk/docs/117-10-Brook_House12-10-2010-death-of-a-male-detainee-in-hospital.pdf
268
125
Reference
UPR
Recommendations
110.94 (minimum 110.94
age of criminal
Consider the
responsibility, and possibility of raising
detention of
the minimum
young offenders)
criminal age and
refrain from the
practice of keeping
children in custody
(Belarus)
UK position in September 2012
Update (July 2014)
The recommendation does not enjoy the support Recommendation 110.94 does not enjoy the
of the United Kingdom.
support of the UK.
The UK Government believes that children are
old enough to differentiate between bad
behaviour and serious wrong-doing at age 10.
However we accept that prosecution is not
always the most appropriate response to youth
offending and the majority of offences
committed by children (aged 10-14) are
addressed using out of court disposals and
robust intervention to prevent the re-offending.
Setting the age of criminal responsibility at age
10 in England and Wales allows frontline
services to intervene early and robustly,
preventing further offending and helping young
people develop a sense of personal
responsibility for their behaviour.
Also see response to recommendation 110.87
on alternatives to custody for juvenile
offenders.
Scotland
No child in Scotland under the age of 12 may
be prosecuted for an offence. Nor can an older
child be prosecuted for an offence committed
when he or she was under 12. The law on
prosecution of minors was last revised by the
Criminal Justice and Licensing (Scotland) Act
270
Page 96 (and following pages) of CAT/C/GBR/5
Page 55 of CRC/C/GBR/5
272
http://wales.gov.uk/about/cabinet/cabinetstatements/2013/Greenpaperyouthjustice/?lang=en
271
126
The UK position on the minimum age of
criminal responsibility is summarised in the UK
5th periodic report under the CAT270, and, more
recently, the UK 5th periodic report under the
CRC271.
In summary, the position of the UK
Government in relation to the age of criminal
responsibility in England and Wales has not
changed since September 2012. The UK
Government believes that children aged 10
are able to differentiate between bad behaviour
and serious wrongdoing and it is right that they
should be held to account for their actions.
However, the UK Government also believes
that custody for under-18s should be an option
of last resort (see, for example, the response to
recommendation 110.87).
In Scotland, in addition to what was reported in
September 2012, the Scottish Government
confirmed that the age 16-21 population within
Scottish prisons decreased by 8% (sentenced)
and 1% (remand) over 2011-12.
In Wales, the Welsh Government has
responsibility for policies in relation to issues
such as education and health. A green paper272
Reference
110.95 (minimum
age of criminal
responsibility)
UPR
Recommendations
274
Update (July 2014)
(2010). Scottish Ministers have committed to
give fresh consideration to the age of criminal
responsibility with a view to bringing forward
further potential legislative changes during the
current session of the Scottish Parliament
(2011-16). On the issue of custody, the
Criminal Justice and Licensing (Scotland) Act
2011 introduced provisions to end the very rare
practice of remanding 14 and 15 year olds in
prison. Accordingly, no legal mechanism exists
for the courts to either remand or sentence a
young person under age 16 to custody in prison.
proposed what actions can be taken to improve
the services in Wales to meet the needs of
children and young people who are at risk of
entering (or are already in) the youth justice
system. The consultation sought the views of
how to strengthen the services which Welsh
Ministers have direct responsibility for.
The recommendation does not enjoy the support Recommendation 110.95 does not enjoy the
110.95
of the United Kingdom.
support of the UK for the reasons set out in the
Consider the
response to recommendation 110.94.
possibility of raising
See response to recommendation 110.94.
the age of criminal
responsibility for
minors
(Chile)
110.96 (detention
110.96
of primary carers) Ensure that the best
interests of the child
are taken into
account when
arresting, detaining,
sentencing or
considering early
release for a sole or
primary carer of
the child, bearing in
273
UK position in September 2012
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.96 enjoys the support of
the UK.
The Children Act 2004 provides a statutory
framework in both England and Wales,
requiring public bodies to make arrangements
to safeguard and promote the welfare of
children. The importance of supporting the
children of offenders, both for their own sake
and to prevent intergenerational crime, is
recognised. Both prison and probation
In addition to the response in September 2012,
it should be noted that the UK Government is
introducing a new operating model for
probation services in England and Wales273.
This sees a new National Probation Service274,
as an arm of the National Offender Management
Service, assuming responsibility for Bail
Services, Court Work and Assessment and all
http://www.justice.gov.uk/transforming-rehabilitation
https://www.gov.uk/government/organisations/national-probation-service
127
Reference
UPR
Recommendations
mind that visits of a
parent in prison are
primarily a right of
the child rather
than a privilege of
the prisoner that
can be withdrawn
as a disciplinary
measure
(Slovakia)
UK position in September 2012
Update (July 2014)
providers have duties under the Act, associated
with either the child’s right to contact with
parents who are held in custody or with the
safeguarding and wellbeing of children with
whom they have contact. The National
Offender Management Service (NOMS)
service specifications set the minimum
standards for Probation Trusts in delivery
of Bail Services, Court Work and Assessment
and all pre-sentence reports require that
information relating to risk and safeguarding of
children is recorded and communicated to the
relevant agencies. There is an expectation that
Probation Trust staff in courts, or when
preparing reports, consider the parental or
caring responsibilities of the offender and the
impact of any sentencing proposals or advice
given to the court.
pre-sentence reports. The safeguards described
in the response of September 2012 for England
and Wales will continue to apply under the new
probation structure.
With regard to sentencing, it should be noted
that sentencing is a matter for the independent
judiciary. Sentencing guidelines are clear that
the gender of an offender is irrelevant for
sentencing purposes but also make clear that
there are mitigating factors that the court should
consider, including where the offender is the
sole or primary carer for dependent relatives.
Prison Rules require prisons to actively
encourage prisoners to maintain outside
contacts and meaningful family ties. Visits are
seen as crucial to sustaining relationships with
partners and children and help prisoners
maintain links with the community. Unconvicted and convicted prisoners have a
statutory right to a determined number of
visits per month. However, if there are legal
restrictions pertaining to access to children,
safeguarding measures will be taken. NOMS
provides the Assisted Prison Visits Scheme
(APV) to provide financial help with travel
expenses to prisoners’ close relatives, children
and escort to qualifying children where the
visitor is on a low income. Governing
128
In Scotland, it is an operational matter for the
police to determine appropriate action during
and following the removal of a parent into
police custody. The welfare of the child is of
paramount importance and in some cases there
will be a need for a multi-agency approach,
involving the police, social work and childcare
professionals to carefully consider the child’s
needs, any views expressed by the child, and, if
required, consider and put in place suitable
measures in order to protect the child. On the
issue of sentencing, the Scottish Government’s
position is that it is for the courts to decide on
the most appropriate sentence, within the
overall legal framework, in all cases. The
complete independence of the judiciary in
making sentencing decisions is at the heart of
the criminal justice system in Scotland and it is
appropriate that sentencing decisions are
entirely a matter for the judge, who hears all the
facts and circumstances surrounding the offence
and the offender, and takes into account any
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Governors and Directors of Contracted Prisons
must ensure that the APV scheme is widely
advertised in: visitors centres, visit and/or
waiting rooms and in the prison library.
Prisoner induction programmes or similar must
provide basic information about the APV
scheme
factors which they consider to be relevant
before reaching a view on whether a custodial
sentence or non-custodial sentence should be
imposed.
Scotland
In Scotland, the welfare of the Child of a parent
in the criminal justice system is of paramount
importance and in some cases, there will be a
need for a multi-agency approach, involving the
police, social work and childcare professionals
to carefully consider the child’s needs, any
views expressed by the child, and if required,
consider and put in place suitable measures in
order to protect the child.
110.97 (Leveson
Inquiry)
110.97
Publish the
recommendations of
the Leveson Inquiry
on the
establishment of a
regulatory regime
for ethical media
(Angola)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.97 enjoys the support of
the UK.
The Leveson Inquiry has examined the ‘culture,
practices and ethics of the media’. In particular,
Lord Justice Leveson has looked at the
relationship of the press with: i) the public; ii)
the police; and iii) politicians.
Lord Justice Leveson’s report was published in
November 2012275 and made a number of
recommendations for a more effective system of
independent press self-regulation. In October
2013, the Privy Council granted the “Royal
Charter on Self-Regulation of the Press”276. The
Royal Charter does not make any changes to the
way in which the Press investigates stories or
publishes them; it simply creates a framework
The Inquiry will now make recommendations
on the future of press regulation and
governance consistent with maintaining
275
276
https://www.gov.uk/government/publications/leveson-inquiry-report-into-the-culture-practices-and-ethics-of-the-press
https://www.gov.uk/government/publications/leveson-report-cross-party-royal-charter
129
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
freedom of the press and ensuring the highest
ethical and professional standards. We expect
that the recommendations will be published in
autumn 2012.
for a new system of redress (s.34 Crime and
Courts Act 2013277 provides statutory basis to
the awards of exemplary damages against
publishers of news-related material who are
found liable and who are not members of an
approved press regulator).
In Scotland, press regulation is a devolved
matter and, in April 2013, the Scottish
Parliament unanimously endorsed the Scottish
Government working with the UK Government
in developing a UK-wide Royal Charter for
press regulation that implements the
recommendations of the Leveson Inquiry.
110.98 (combating
privacy breaches)
110.98
Adopt necessary
actions to prevent
impunity and
further violations of
privacy committed
by private media
companies such as
News Corporation,
through hacking
into telephone
communications, emails, and
voicemails
(Ecuador)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.98 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.97.
The UK Government is clear about the vital
importance of a free press and media that is
able to challenge and hold Government and
others to account. We recognise, however, that
some parts of the press have not observed the
press self-regulatory code and indeed in some
cases have not obeyed the law. It is these issues
that the Leveson Inquiry was established to
address and it will be for Lord Leveson’s
Inquiry to make specific recommendations on
the future of press regulation.
The Inquiry is independent of Government, and
we would not want to pre-judge what the
Inquiry’s recommendations might be. However,
277
http://www.legislation.gov.uk/ukpga/2013/22/part/2/crossheading/publishers-of-newsrelated-material-damages-and-costs
130
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
we will examine the recommendations in detail
and will carefully consider any necessary
measures to ensure that an effective free press
can thrive whilst ensuring appropriate
safeguards for the public.
Also see recommendation 110.97
110.99 (combating
forced marriages)
110.99
Assess the impact of
the minimum age
limit for overseas
spouses or fiancés
on the prevention of
forced marriage
and review its
policy in this regard
(Slovenia)
The recommendation does not enjoy the support Recommendation 110.99 does not enjoy the
of the United Kingdom.
support of the UK.
On 28 November 2011, the minimum age
requirement for applicants and sponsors of
spouse visas reverted to 18. This change to the
Immigration Rules was made in order to
comply with a recent Supreme Court
determination that the previous age requirement
(21 years) was unlawful.
Statistics on forced marriage are available on
the UK Government’s website278. It is difficult
to quantify the impact of the minimum age
requirement for spouse visas because the age of
the victims of forced marriage is not always
known.
In Scotland, the Scottish Government continues
to support any measures which make forced
marriage more difficult. The Scottish
Government believes that everyone in Scotland,
who is eligible to marry or enter into a civil
partnership, has a right to do so freely and
without coercion. There was cross party support
for the introduction of the Forced Marriage etc.
(Protection and Jurisdiction) (Scotland) Act
2011279, which provides civil remedies for those
at risk of forced marriage and those who have
already been forced into marriage. Courts can
tailor the terms of the Protection Order
according to the specific needs of the victim.
278
279
https://www.gov.uk/forced-marriage
http://www.legislation.gov.uk/asp/2011/15/contents
131
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Breach of an order is a criminal offence
punishable by a fine of up to £10,000 or up to
two years imprisonment. The Scottish
Government developed an implementation
strategy to help maximise the impact of the Act
by, for example:
 Producing and issuing statutory and
practitioner guidance to support
organisations to standardise their
response to cases of forced marriage and
advise them of their obligations under
the legislation;
 Supporting a programme of multiagency training to assist organisations in
identifying forced marriage and
supporting those affected;
 Working with key partners (including
police, and the voluntary sector) to
develop and to use all appropriate
opportunities to inform, in a sensitive
manner, rights and responsibilities in
relation to forced marriage, promoting
individual rights and informed choice.
From 30 September 2014, forcing a person into
marriage will be a criminal offence in Scotland.
Criminalising forced marriage will give an
additional layer of protection for some of
Scotland’s most vulnerable people and will
ensure consistency of protection across the
UK. Those who are convicted can face up to 7
years in prison.
110.100
(defamation
legislation)
110.100
Need to avoid the
impact of the draft
The recommendation enjoys the support of the
United Kingdom.
132
Recommendation 110.100 enjoys the support of
the UK.
Reference
110.101 (welfare
reforms)
UPR
Recommendations
Defamation Bill,
presented in March
2011, which
restricts practicing
of the freedom of
opinion and
expression
(Iraq)
UK position in September 2012
Update (July 2014)
Following consultation and pre-legislative
scrutiny on a Draft Bill, the Defamation Bill is
currently in passage through the UK
Parliament. The Bill reflects the Government's
view that the law needs to be rebalanced to
secure more effective protection for freedom of
speech and to stop the threat of long and costly
libel proceedings being used to stifle
responsible investigative reporting and
scientific and academic debate. At the same
time, it is also important that people have been
defamed are not left without effective remedies
where their reputation has been seriously
harmed. The core aim of the Bill is to get the
balance right, so that free speech is not
unjustifiably impeded by actual or threatened
libel proceedings, while ensuring that people
who have been libelled are able to protect their
reputation. With this in mind, the Bill contains a
range of measures to support freedom of
expression.
The Defamation Act 2013280 reforms the law of
defamation in England and Wales to provide
more effective protection for freedom of speech
while ensuring that people who have been
defamed are not left without effective remedies
where their reputation has been seriously
harmed. The UK Government upholds the core
principle of freedom of expression, recognising
the invaluable role a free press plays in the
cultural and democratic life of the UK. On that
basis, the UK Government does not interfere
with what the press publishes, as long as the
press abides by the law of the land.
110.101
Provide more
resources for
reforming the
welfare system in
order to make it
better able to tackle
poverty and
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.101 enjoys the support of
the UK.
The UK Government is reforming the welfare
system through, among other measures, the
introduction of Universal Credit (UC). UC will
be clearer and simpler for claimants to
understand, and will ensure that work always
See the UK 32nd report under the ESC281, and
the UK 6th periodic report under the ICESCR282
(particularly the responses to paragraphs 20, 28,
29, and 42 of the Concluding Observations, and
the update under Article 2).
280
http://www.legislation.gov.uk/ukpga/2013/26/contents
Pages 101 (and following pages) and 124 (and following pages) of RAP/Cha/GBR/32(2013)
282
Pages 15, 22-23, 24, 37 and 41-44 of ICESCR 6th periodic report
281
133
Reference
UPR
Recommendations
worklessness, and
reduce negative
impact on social
vulnerable groups
(Vietnam)
UK position in September 2012
Update (July 2014)
pays.
The Welfare Reform Act 2012283 remains the
Through schemes like the Work Programme,
building block of the UK Government’s welfare
we are providing more personalised back to
reform agenda, including the introduction of
work support for those at risk of long term
Universal Credit referred to in the response in
unemployment.
September 2012. Since 8 April 2013, a Personal
Independence Payment (PIP) is progressively
We are also working to ensure that support for
being introduced to support disabled people;
those who are unable to work, for example
PIP is a non-means-tested, non-taxable cash
because of a disability, is better targeted and
benefit that claimants can spend in a way that
more sustainable in the long term, and that
best suits them, and is payable to people
those who might be able to return to work in the whether they are in or out of work. The
near future are supported to do so.
Government’s Social Justice Strategy284 focuses
on tackling the causes of poverty; a progress
In addition, through early intervention and a
report on this strategy was published in April
focus on tackling the causes of poverty, rather
2013285.
than the symptoms, the new Social Justice
Strategy aims to empower those with the most
In Scotland, the Scottish Government supports
severe and multiple disadvantages to make
the principle that the welfare system should be
lasting changes to their lives.
simpler, but remains concerned about the
impact of the UK Government’s welfare
Scotland
reforms in Scotland and will continue to press
for safeguards for those more in need.
The Scottish Government agrees with the broad
principles of the UK Government’s welfare
In Wales, the Welsh Government agrees with
reforms plans, but recognises that work is not
the principle of simplifying the benefit system
appropriate for everyone and that sufficient
but recognises that it will not be appropriate for
support should be available to those who need
everyone to work, and that provision should
it. The Scottish Government agrees that
therefore be made for those who are unable to
welfare reform should take account of the needs work.
of the poorest and most vulnerable people in
283
http://www.legislation.gov.uk/ukpga/2012/5/contents
https://www.gov.uk/government/policies/helping-to-reduce-poverty-and-improve-social-justice
285
https://www.gov.uk/government/publications/social-justice-transforming-lives-one-year-on
284
134
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
society.
110.102
(addressing
inequalities)
110.102
Strengthen
measures aimed at
reducing serious
inequalities in
access to health,
education and
employment, which
still exist despite the
adoption of the
Equality Act
(Spain)
The recommendation does not enjoy the support Recommendation 110.102 does not enjoy the
of the United Kingdom.
support of the UK.
In October 2010 the new Equality Act 2010
came into force, which replaced all existing
equality legislation with a single Act. The act
also strengthened protection in some situations.
The Act covers nine protected characteristics:
age; disability; gender reassignment; marriage
and civil partnership; pregnancy and maternity;
race; religion or belief; sex and sexual
orientation
The Equality Act prohibits direct and indirect
discrimination, harassment, victimisation and
failing to make a reasonable adjustment for a
disabled person. It prohibits unfair treatment in
the workplace, when providing goods, facilities
and services, when exercising public functions,
in the disposal and management of premises, in
education and by associations (such as private
clubs).
The education provisions of the Equality Act
2010 already offer strong protection for school
pupils against discrimination and equalities in
education.
This is further supported by the public sector
286
Page 36 of the HRI/CORE/GBR/2014
Pages 32 and 42 of CRC/C/GBR/5
288
Page 46 of ICESCR 6th periodic report
289
http://wales.gov.uk/topics/equality/equalityactatwork/?lang=en
287
135
As outlined in the Core Document 2014 (section
2286), the UK already has a very strong
legislative framework to protect individuals and
communities from discrimination,
complemented by the UK ratification (and
implementation) of a range of international
human rights instruments at UN and regional
level. This framework is kept under review to
ensure it remains effective and appropriate in
the face of new challenges.
Furthermore, the UK 5th periodic report under
the CRC287 and the UK 6th periodic report under
the ICESCR288 provide an overview of the
measures taken to promote access to (and
remove inequalities in) respectively education,
and health and employment.
In Wales, the Welsh Government’s “Strategic
Equality Plan”289 contains detailed actions to
address inequalities in access to health,
education and employment.
Objective 2 specifically focuses on identifying
and addressing causes of gender, ethnicity and
disability pay and employment differences with
actions targeted at early years provision and
improving the educational attainment and
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Equality Duty which requires all publicly
funded schools and hospitals to have due regard
to eliminating discrimination, promoting
equality of opportunity and fostering good
relations and that they demonstrate how they
are doing this through publication of equality
objectives and supporting equality information.
aspirations of protected groups. Tackling
barriers to employment for lone parents and
women also form part of the actions in this
objective.
Objective 3 focuses on reducing the number of
young people who are not in education,
employment or training (NEET). Within this
objective, there is an emphasis on data
In addition, on 12 June 2012 the Government
collection which will be used to formulate
announced that it is to ban age discrimination in actions aimed at reducing the over
the provision of goods, facilities and services.
representation of certain protected groups
This means that from October 2012 age
amongst those who are NEET.
discrimination will be banned, for example, in
Objective 6 is part of an effort to develop a
the provision of healthcare.
citizen centred approach to public services by
putting the needs of service users at the heart of
The UK Government considers that the
public service delivery including the health
Equality Act 2010 provides sufficient, extensive sector.
protection from discrimination. However, as is
done with all new legislation, the Government
has committed to reviewing the Act in 2015 to
ensure that it is operating as intended.
Wales
See response to recommendation 110.50.
Equality objectives within the Strategic
Equality Plan include reducing the numbers of
young people not in education, employment or
training; and putting the needs of service users
at the heart of delivery in key public services, in
particular health, housing and social services.
110.103
(enjoyment of
economic, social
110.103
Guarantee the
enjoyment of
The recommendation enjoys the support of the
United Kingdom.
136
Recommendation 110.103 enjoys the support of
the UK.
Reference
and cultural
rights)
UPR
Recommendations
economic, social
and cultural rights,
particularly health,
education and
adequate housing
(Cuba)
UK position in September 2012
Update (July 2014)
The UK already takes effective action towards
the realisation of economic, social and cultural
rights, in line with the ICESCR. For example
in regards to Health, The Health and Social
Care Act 2012 established the first ever specific
legal duties on health inequalities which include
consideration of the need to reduce inequalities
in access to health services and the outcomes
achieved. In regards to education the UK
Government is committed to developing
policies that raise attainment for all children
and close the gap between those facing
disadvantage and their peers. In addition, the
Government is committed to ensuring that all
people have access to adequate housing. The
Government's Housing Strategy for England
recognises that housing is crucial for social
mobility, health and wellbeing. It is designed to
meet the housing needs of the country, now and
in the future.
See the UK 6th periodic report under the
ICESCR291 for an overview of the UK progress
in realising economic, social and cultural rights.
Scotland
The Scottish Government’s purpose is to focus
public services on creating a more successful
country, with opportunities for all of Scotland
to flourish, through increasing sustainable
economic growth. The Scottish Government
measures success through a National
Performance Framework, which working
towards outcomes relevant to the enjoyment of
rights to health, education and housing. These
include working to ensure that Scots live longer
291
ICESCR 6th periodic report
137
See also the response to recommendation
110.42.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
and healthier lives, that young people are
successful learners, that Scots are better
educated and that Scots live in well designed,
sustainable places. These outcomes are
measured through specific national indictors
which provide us with information on where we
are achieving success and where more still
needs to be done.
Wales
The Welsh Government’s Programme for
Government290 sets out what it is going to do to
improve the lives of the people of Wales. This
includes its plan of action for 21st century
healthcare, helping everyone to reach their
potential, reduce inequality, and improve
economic and social well-being and ensuring
that people have high quality, warm, secure and
energy efficient homes to live in.
110.104 (access to
safe drinking
water and
sanitation)
290
292
110.104
Recognize the right
of access to safe
drinking water and
sanitation in line
with GA resolution
64/292 and HRC
resolution 18/1, as
well as CESCR
recommendations
recognizing the
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.104 enjoys the support of
the UK.
The UK recognises the right to water and a
right to sanitation as elements of the right to an
adequate standard of living in Article 11 of the
International Covenant on Economic, Social
and Cultural Rights. The right to water entitles
everyone to sufficient, affordable, safe water for
drinking, cooking and personal hygiene. The
right to sanitation, which the UK recognised in
In December 2013, the UK acceded to the UN
Convention on the Law of the Non-Navigational
Uses of International Watercourses.
http://wales.gov.uk/about/programmeforgov/?lang=en
https://www.gov.uk/government/publications/water-for-life
138
In England, the “Water for Life”292 White Paper
from 2011 remains the UK Government’s
building block for ensuring a continued and
secure supply of drinking water and effective
Reference
UPR
Recommendations
right to sanitation
as an integral part
of the human right
of access to safe
drinking water
(Spain)
UK position in September 2012
Update (July 2014)
June 2012, entitles everyone to a system for the
treatment and disposal or re-use of human
sewage and associated hygiene. The right to
water and the right to sanitation are not freestanding rights or rights under customary
international law.
sanitation.
Scotland
The Water Resources (Scotland) Bill and the
Scotland’s Hydro Nation agenda both promote
action on water and sanitation issues.
Scotland’s Hydro Nation approach of
developing the value of our water resources
domestically and through international
development work such as the Climate Justice
Fund is a strong supporting contribution to the
water and sanitation resolutions.
110.105 (access to
safe drinking
water)
110.106 (equality
in education)
293
294
The Water Act 2014293 will help to ensure a
continued and secure supply of drinking water
and effective sanitation.
In Wales, the Welsh Government provides the
strategic direction for water policy in Wales294,
framed within a complex set of regulatory and
operational responsibilities, underpinned by the
Welsh Government’s endorsement of the
principle of sustainable development. The
Welsh Government’s focus is on: ensuring
access to safe drinking water; maintaining water
and sewage services at an affordable price; and,
compliance with statutory obligations on water
quality.
110.105
Fully recognize the
human right to safe
drinking
(Germany)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.105 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.104.
110.106
Adopt a strategy so
that children of
vulnerable groups
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.106 enjoys the support of
the UK.
The UK Government is committed to
The UK remains determined to address
See recommendation 110.104 (The UK
recognised that the German delegation ran out
of time and that the recommendation should be
interpreted as ‘Fully recognise the human right
to safe drinking water and sanitation’).
http://www.legislation.gov.uk/ukpga/2014/21/contents/enacted
http://wales.gov.uk/topics/environmentcountryside/epq/waterflooding/?lang=en
139
Reference
UPR
Recommendations
are not excluded
from the education
system
(Costa Rica)
UK position in September 2012
Update (July 2014)
developing policies that raise attainment for all
children and close the gap between those facing
disadvantage and their peers. Under the
Equality Act 2010, in England the Department
for Education has a legal duty to publish
information to demonstrate compliance with the
Public Sector Equality Duty of that Act; and the
objectives under which we plan to foster
fairness. The objectives confirm that we will
‘ensure that all children gain the knowledge
they need to prepare them for adult life, through
a reformed National Curriculum and more
robust academic and vocational qualifications
up to the age of 19. We shall be looking in
particular for evidence of attainment of children
with special educational needs, and those from
minority ethnic communities that are currently
under achieving. We shall support young
women and young men to make informed
choices, not limited by stereotypical thinking,
by introducing a new duty on schools to secure
access to independent and impartial careers
guidance on the full range of post-16 education
and training options’. We monitor progress
through a range of evidence gathering
mechanisms, including OFSTED and
other published reports.
inequality in its school system and narrow the
attainment gap between disadvantaged pupils
and their peers.
Scotland
295
https://www.gov.uk/pupil-premium-information-for-schools-and-alternative-provision-settings
http://www.legislation.gov.uk/ukpga/2014/6/part/3/enacted
297
https://www.gov.uk/government/collections/national-curriculum
296
140
In England, the number of children permanently
excluded from school fell by 36% between
2007/8 and 2011/12. A new approach to
tackling inequality involves moving away from
treating people as groups or “equality strands”
who get special provision. Instead the focus is
on creating fairness and opportunities for
everyone. This includes targeting resource
(some £2.5 billion a year by 2014/15) through:
the Pupil Premium295, to help break the link
between family background and educational
achievement and requiring schools to publish
details each year of how they are using the Pupil
Premium and the impact it is having; and
measures to improve literacy and numeracy and
the quality of teaching.
Additional initiatives include:
 Overhauling the “Special Educational
Needs” system, through the Children
and Families Act 2014296, so that
children’s needs are identified and
addressed early.
 Improving the quality of education in
schools, including by introducing a new,
more rigorous curriculum297 and
qualifications; and we are reforming
vocational education. To help ensure
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
The Scottish Government are committed to
ensuring that all children and young people are
able to make the most of the educational
opportunities available to them to reach their
potential. To achieve this, the Scottish
Government are committed to supporting the
implementation of the provisions of the
Equality Act 2010 which require schools to
proactively prevent direct and indirect
discrimination in relation to protected
characteristics. In addition, we recognise that
vulnerable children and young people may
require support to enable them to realise their
full potential. The Additional Support for
Learning legislation provides the framework for
children and young people who need additional
support, for any reason, short or long term, to
receive it to overcome barriers to their learning.
Scottish education authorities must identify,
provide for and keep under review the
additional support needs for all children and
young people for whose education they are
responsible. The framework includes
provisions for planning for learning, with
support from other agencies, including health
and social work services.
Wales
The Welsh Government begins from the
position that children’s educational interests are
best served by attendance at school and we take
steps to support children of vulnerable groups
298
every young person has the opportunity
to gain skills and qualifications that help
them progress to higher education, work
and adult life, the age for participation in
some form of education or training was
raised to 17 in 2013. This will rise to 18
in 2015.
In Northern Ireland, the Northern Ireland
Executive has in place the strategy “A ten year
strategy for children and young people in
Northern Ireland 2006-2016”298, which includes
measures to address exclusion in schools. The
following initiatives should also be noted:
 The revised curriculum, which has been
taught to all pupils of compulsory school
age in grant-aided schools in this
jurisdiction since 2009/10, incorporates
an “Access Statement”, which
specifically explains that the curriculum
can be adapted to suit the different needs
of children. The purpose of this is to
ensure equality of opportunity and
access for all. It also provides teachers
with more flexibility to allow them to
adapt teaching strategies to meet the
needs of individual pupils.
 The “Post-14 Curriculum” allows pupils
to choose from a broad and balanced
curriculum which meets their needs,
interests and aspirations and reflects the
needs of the economy.
 Through the careers strategy, the
http://www.ofmdfmni.gov.uk/index/equality-and-strategy/equality-human-rights-social-change/children-young-people/children-and-young-people-strategy.htm
141
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
within schools. Where it is not possible to
support a child at school, or families choose not
to send their children to mainstream schools, we
provide additional support, for example through
specialist units, home tuition and the operation
of education welfare services.


299
http://www.legislation.gov.uk/nisi/2005/1117/contents
142
Northern Ireland Executive aims to
promote social inclusion, challenge
stereotypes and promote equality of
opportunity by raising the aspirations of
disadvantaged groups and supporting
them in accessing opportunities that
might otherwise be denied.
Young people who face additional
barriers are supported to achieve their
full potential. For example, newcomer
pupils receive support from the regional
“Inclusion and Diversity Service”,
Travellers’ children and their parents are
assisted by the “Traveller Education
Support Service”, and “Looked After
Children” (those in the care of a Trust)
are supported through their “Personal
Education Plans”.
The introduction of the Special
Educational Needs and Disability
(Northern Ireland) Order 2005299
strengthened the right to an ordinary
education for children with special
educational needs. The Order placed
new duties on education and library
boards and schools, including:
o A duty not to treat pupils who
have a disability less favourably.
o To make reasonable adjustments
so that pupils who have a
disability are not put at a
substantial disadvantage.
o To plan and make progress in
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
increasing accessibility to
schools' premises, and in
improving the ways in which
information is provided to pupils
with a disability.
In Scotland, the Scottish Government is
committed to ensuring all children make the
most of their learning. Through Curriculum for
Excellence, every child and young person is
entitled to expect a broad general education,
including well planned experiences and
outcomes across all the curriculum areas from
early years through to S3 stage. In addition, the
Education (Additional Support for Learning)
(Scotland) Act 2004300 (as amended) is the
framework for the provision of support for
learning in Scotland and is key to delivering our
ambition that all children and young people
access the learning opportunities which are
available to them, so that they can realise their
full potential, in learning, in work, and in life.
Major developments since September 2012
include the enactment of the Children and
Young People (Scotland) Act 2014301 which
covers, amongst other areas: children’s rights;
investigations by the Commissioner for
Children and Young People in Scotland; and
children services. Parents and young people
have a series of rights relating to assessment,
planning and appeal. Scottish legislation allows
schools to exclude pupils, either temporarily or
300
301
http://www.legislation.gov.uk/asp/2004/4/contents
http://www.legislation.gov.uk/asp/2014/8/contents/enacted
143
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
permanently, where it is felt that allowing the
pupil to continue would be detrimental to order
and discipline in the school. However, during
periods of temporary exclusion and following a
permanent exclusion from a school, the
education authority retains a legal obligation to
provide education in some form. When
considering the decision to exclude, schools are
encouraged to explore alternatives and take
account of the individual circumstances in each
case.
In Wales302, the Welsh Government’s aim is
that schools should be inclusive environments
which support vulnerable learners, learners from
deprived backgrounds and those with additional
needs to achieve their potential. Educational
provision is founded on the principle that
children and young people should be in school,
ready and receptive to learning and benefitting
from appropriate curriculum provision. Major
initiatives include:
 A programme of reform of the
legislative framework for “special
educational needs” (SEN). It will replace
the current framework for the
assessment and planning of provision for
children with SEN with a simpler, more
person-centred and integrated system.
 Introducing a school counselling service
302
http://wales.gov.uk/topics/educationandskills/?lang=en
144
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
open to all pupils in secondary schools.
 Introducing a new “Pupil Deprivation
Grant”303 significantly to improve
outcomes for learners in deprived areas.
Furthermore, Wales currently has around 40
“Pupil Referral Units” which are intended to
provide short term placements for children who
may be at risk of being excluded from
mainstream education. Pupils who are placed in
the units are often those who face significant
educational and social disadvantages.
Finally, the Education Welfare Service in Wales
provides support to schools, pupils and parents
to ensure regular attendance and address
problems relating to absenteeism.
110.107 (rights of
migrant workers)
303
304
110.107
Raise awareness
campaign about
rights of migrants
and against racial
discrimination
(Costa Rica)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.107 enjoys the support of
the UK.
The UK has in place extensive human rights
and equalities legislation (for example, the
Human Rights Act 1998 and the Equality Act
2010) which affords protection of the rights of
those on its territory, including migrants. In
addition, the Government's Equality Strategy
'Building a Fairer Britain' aims to create
fairness and opportunities for everyone,
including those from ethnic minorities. The
UK’s Equality and Human Rights Commission
has a statutory remit to promote and monitor
human rights, and to protect, enforce and
promote equality, including race equality.
As set out in the response to recommendation
110.14, the rights of migrant workers are
protected in domestic legislation, including
under the Human Rights Act 1998 and the
Equality Act 2010, complemented by the UK
ratification (and implementation) of a range of
international human rights instruments at both
UN and regional level (see the Core Document
2014 – section 2C304). Furthermore, migrants
who are legally working in the UK enjoy the
full protection of UK employment law.
Regulatory regimes, such as those administered
by the Employment Agency Standards
http://wales.gov.uk/topics/educationandskills/publications/guidance/school-effectiveness-grant-2013-2015/?lang=en
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Recommendations
UK position in September 2012
Update (July 2014)
There is also an advice and support service to
help individuals in England, Scotland and
Wales who have problems with discrimination
Inspectorate and the Gangmasters Licensing
Authority305, are designed to protect vulnerable
workers, including those from overseas.
Migrant workers are also entitled to the same
protections under health and safety legislation
as any other worker.
The general framework within which human
rights, including for migrant workers, are
promoted in the UK is set out in the Core
Document 2014 (section 2E306).
In Wales, since 2010 the Welsh Government
published “Understanding Wales”307, a leaflet
with basic information for migrants entering
Wales. The Welsh Government is committed to
promoting race equality, and has established the
Wales Race Forum308, bringing together
representatives from the main race
organizations from across Wales, and helping
the Welsh Government to understand (and
engage on) the key issues and challenges for
“Black and Minority Ethnic” (BME)
communities.
The Welsh Government also commissioned a
review of advice services (including specialist
discrimination advice) in Wales. The review
reported in May 2013 and one of its
recommendations is that there is a need to
develop an all-Wales service to provide
discrimination advice. The recommendations
305
http://gla.defra.gov.uk/
Page 41 of the HRI/CORE/GBR/2014
307
http://wales.gov.uk/topics/people-and-communities/communitycohesion/migrants/publications/undwales/?lang=en
308
http://wales.gov.uk/topics/equality/rightsequality/race/walesraceforum/?lang=en
306
146
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
from the review are currently being taken
forward by the Welsh Government.
110.108 (rights of
migrant workers)
110.109 (Overseas
Domestic Worker
Visa)
309
110.108
Strengthen
governmental
measures to
guarantee the
effective
implementation of
the human rights of
migrants in
accordance with the
existing
international
instruments in this
area
(Paraguay)
The recommendation enjoys the support of the
United Kingdom in part.
110.109
Retain the Overseas
Domestic Worker
visa as a measure to
safeguard against
abuses of migrant
workers
(Thailand)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.109 enjoys the support of
the UK.
The UK Government has retained the route for
Overseas Domestic Workers (ODWs) and in
doing so have introduced measures to reduce
the likelihood of abuse occurring in the UK.
ODWs can only accompany visitors to the UK
for a maximum period of six months and we
have introduced more stringent entry
requirements for those who are eligible to come
here including requiring applicants to provide
more evidence of their existing
employer/employee relationship of a minimum
Eligibility for a domestic workers in a private
household visa, after 5 April 2012, is set out on
the UK Government’s website309, largely
reflecting the information provided in
September 2012.
See response to recommendation 110.44 and
110.107
https://www.gov.uk/domestic-workers-in-a-private-household-visa/eligibility
147
Recommendation 110.108 enjoys the support of
the UK in part for the reasons set out in the
response to recommendation 110.107.
See also the response to recommendation
110.14.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
of 12 months as well as a written contract
providing their conditions of employment in the
UK. In addition, every ODW is provided with
information about their rights in the UK when
they apply for their visa. As well as the
enhanced pre-entry checks, further mechanisms
are also available to protect ODWs within the
UK. They are regarded as workers, not visitors
and as such, they continue to be entitled to the
protections of UK employment law, including
access to an Employment Tribunal and ODWs
who believe they are a victim of crime may
make a complaint to the police. The National
Referral Mechanism (NRM) for the
identification and support of victims of
trafficking is available to all ODWs who
believe they are victim of crime of trafficking.
110.110 (rights of
migrant workers)
110.111 (detention
of migrants)
110.110
Strengthen national
and local policies
and measures to
protect migrants,
especially foreign
workers
(Vietnam)
The recommendation enjoys the support of the
United Kingdom in part.
110.111
Continue adopting
measures to prevent
cases of indefinite
detention of
migrants, and
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.111 enjoys the support of
the UK in part.
UK Government policy on the use of
immigration detention complies fully with
Article 5 of the European Convention on
The UK position on the detention of migrants
remains as set out in September 2012.
Immigration statistics to the UK, including on
See response to recommendation 110.44 and
110.108
Recommendation 110.110 enjoys the support of
the UK in part for the reasons set out in the
response to recommendations 110.14 and
110.107.
See also the response to recommendation
110.43.
148
Reference
UPR
Recommendations
guarantee all their
rights
(Chile)
UK position in September 2012
Update (July 2014)
Human Rights. In addition, there is a
presumption in favour of temporary admission
or release and, wherever possible, alternatives
to detention are used. Detention is used
sparingly and for the shortest time necessary.
detention of migrants, are publicly available on
the UK Government’s website310.
Immigration detention is most usually
appropriate in the following circumstances:
initially, whilst a person’s identity and basis of
claim is being established; where there is reason
to believe that a person will fail to comply with
the conditions of temporary admission or
release; as part of a fast-track asylum process;
or to effect removal from the UK.
Immigration detention must not only be based
on one of the statutory powers in UK legislation
but must also accord with the limitations
implied by domestic and European case law.
Immigration detention in the UK takes place
within a clear legal framework, which includes
appropriate safeguards for detained persons.
Detained persons may apply to a chief
immigration officer or an immigration judge for
release on bail, and may at any time challenge
the lawfulness of their detention through the
processes of judicial review or habeas corpus.
Information on how to obtain legal advice is
provided to all detained persons; regular legal
advice surgeries are provided in all immigration
removal centres; and detained persons are able
to qualify for free legal aid.
310
https://www.gov.uk/government/collections/migration-statistics
149
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
Although there is no fixed time limit on
immigration detention under UK law or policy
it operates in line with the established principle
that it must not be unduly prolonged and must
last for no longer than is reasonably necessary
for the purpose for which it was authorised.
The UK Government considers that the
introduction of a fixed time limit on
immigration detention would be inappropriate:
any such limit would be arbitrary, taking no
account of an individual’s circumstances, and
would serve only to encourage individuals to
frustrate and delay immigration and asylum
processes in order to reach the point at which
they would have to be released.
110.112 (detention
of migrants)
110.113 (detention
of migrants)
110.112
Adopt necessary
measures to prevent
indefinite detention
of migrants, and
provide all legal
safeguards to
detained migrants
(Honduras)
The recommendation enjoys the support of the
United Kingdom in part.
110.113
Adopt necessary
measures to avoid
criminalization of
irregular migration,
de-facto indefinite
detention without
the provision of all
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.112 enjoys the support of
the UK in part for the reasons set out in
recommendation 110.111.
See response to recommendation 110.111
See response to recommendation 110.111
150
Recommendation 110.113 enjoys the support of
the UK in part for the reasons set out in
recommendation 110.111.
Reference
UPR
Recommendations
legal safeguards for
undocumented
migrants and
asylum seekers
(Ecuador)
UK position in September 2012
Update (July 2014)
110.114 (detention
of migrants)
110.114
In line with the
British Government
commitment to the
universality of
human rights,
prohibit the
indefinite detention
of migrants, seek
alternatives to their
detention and
ensure that such
detention is for the
shortest possible
duration
(Mexico)
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.114 enjoys the support of
the UK in part for the reasons set out in
recommendation 110.111.
110.115
Take necessary
measures to avoid
any use of detention
of asylum seekers
during the process
of determining their
refugee status
(Argentina)
The recommendation does not enjoy the support Recommendation 110.115 does not enjoy the
of the United Kingdom.
support of the UK.
110.115 (detention
of asylum seekers)
See response to recommendation 110.111
The majority of those claiming asylum in the
UK will not routinely be detained whilst their
asylum claim is being processed. However, the
United Kingdom takes the view that in limited
circumstances, as laid out in published
detention policy, detention of applicants will be
appropriate.
The Detained Fast Track process applies to a
151
The UK position on the detention of asylum
seekers whilst their claim is being processed
remains as set out in September 2012.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
minority of asylum applicants, but is a central
part of the United Kingdom’s overall asylum
system. It enables the applications to be
concluded fairly, promptly and with certainty,
to the benefit of applicants and the system as a
whole. It applies only where a quick decision
on the asylum application can be made, and so
the detention involved for the consideration of
the claim will be for a short period. Full
procedural and judicial safeguards apply to
ensure fairness. The principle of detained fast
track processes has been found to be lawful in
domestic courts and at the ECtHR (at the Grand
Chamber).
110.116
(protection of
minorities)
110.116
Establish immediate
means of redress
and protection of
ethnic religious
minorities and
migrants, in
particular Muslims
(Islamic Republic of
Iran)
The recommendation enjoys the support of the
United Kingdom.
The UK has already implemented this
recommendation. In October 2010 the new
Equality Act 2010 came into force, which
replaced all existing equality legislation with a
single Act. The Act also strengthened
protection in some situations. The Act covers
nine protected characteristics including both
race and religion or belief.
The Equality Act prohibits direct and indirect
discrimination, harassment, victimisation. It
prohibits unfair treatment in the workplace,
when providing goods, facilities and services,
when exercising public functions, in the
disposal and management of premises, in
education and by associations (such as private
clubs).
152
Recommendation 110.116 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.32, 110.44, 110.49, and
110.59.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
This is further supported by the public sector
equality duty which sets out that all public
bodies must have due regard to eliminating
discrimination, promoting equality and
fostering good relations and must demonstrate
how they are doing this through publication of
equality objectives and supporting equality
information.
See also responses to recommendation 110.90
and 110.91 on hate crime
Scotland
See response to recommendations 110.90 and
110.91
110.117 (Roma
and Travellers)
110.117
Share best practices
of tackling the
situation of the
Roma and Traveller
people through the
EU Framework for
National Roma
Integration
Strategies adopted
in 2011
(Hungary)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.117 enjoys the support of
the UK.
The UK has a strong and well-established legal
framework to combat discrimination and hate
crime. This protects all individuals, including
Roma and Travellers, from racial and other
forms of discrimination, and racially motivated
crime. The UK plays a full and constructive
part in international forums concerned with
Roma, including those in the EU. The UK fully
supported the EU Council Conclusions on
Roma agreed at the Employment and Social
Affairs Council in May 2011.
See the response to recommendations 110.32,
110.43, 110.44, 110.49, and 110.59.
We are committed to working with our
European partners to improve the social and
153
The UK remains an active participant in the
Council of Europe’s Committee of Experts on
Roma and in the European Commission’s
network of Roma Contact Points which are
forums for the exchange of good practice
between European States. The UK also took
part in Council of Europe thematic groups
looking at anti-Roma hate crime, inclusive
education of Roma, and Travellers’ sites. The
UK also works bilaterally with other European
states through its embassies in central and
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
economic situation of Roma, including by
sharing best practice, while recognising that the
primary responsibility for this lies with national
governments themselves, who need to design
their policies according to the size and specific
circumstances of their Roma and Traveller
communities.
eastern Europe to exchange good practice on
Roma inclusion.
The UK Government and the Devolved
administrations continue to work together in
this area to ensure that all parts of the UK are
effectively represented.
In England, a cross-government Ministerial
Working Group looks at ways to reduce and
tackle inequalities experienced by
Gypsy/Travellers (in April 2012 the Ministerial
Working Group published a progress report311
setting out 28 commitments from across the UK
Government to address these inequalities).
In Scotland, the Scottish Government is
committed to advancing the integration of Roma
communities and improving conditions for
Gypsy/Travellers through research, planning
and financial support. It is working to develop a
strategic overview and action plan for
Gypsy/Travellers, which builds on existing
work and draws on the recommendations of
recent inquiries undertaken by the Scottish
Parliament’s Equal Opportunities Committee.
Planning for this work includes consultation
with a range of stakeholder groups representing
the issues of Gypsy/Travellers and other groups
travelling to and within Scotland, including
migrant Roma.
In Wales, the Welsh Government was the first
UK administration to launch a Gypsy and
Travellers framework, entitled “Travelling to a
Better Future”312, in September 2011. The first
progress update against objectives in the
311
312
https://www.gov.uk/government/publications/reducing-inequalities-for-gypsies-and-travellers-progress-report
http://wales.gov.uk/topics/people-and-communities/communitycohesion/publications/travellingtoabetterfuture/?lang=en
154
Reference
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Recommendations
UK position in September 2012
Update (July 2014)
Framework was published in November
2013313.
110.118 (antiterrorism
measures)
110.119 (antiterrorism
measures)
313
110.118
Ensure full
adherence to its
international
human rights
obligations in its
overseas counterterrorism
operations and set
up comprehensive
legislative and
implementation
frameworks for the
identification,
investigation,
prosecution, and
punishment of
perpetrators of
various human
rights violations
(Egypt)
The recommendation enjoys the support of the
United Kingdom in part.
Recommendation 110.118 enjoys the support of
the UK in part for the reasons set out in the
response to recommendation 110.67.
110.119
Continue to ensure
that its terrorism
prevention
legislation and
measures comply
with the
international
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.119 enjoys the support of
the UK.
The UK considers that its Counter-Terrorism
prevention legislation complies with its
international human rights obligations.
The UK Government continues to consider that
UK anti-terrorism legislation and measures
comply with the UK’s international human
rights obligations.
See response to recommendation 110.67
http://wales.gov.uk/docs/dsjlg/publications/equality/131105gypsy-trav-framework-en.pdf
155
Reference
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Recommendations
human rights
standards
(Japan)
UK position in September 2012
Update (July 2014)
Anti-terrorism legislation is regularly reviewed
by the “Independent Reviewer of Terrorism
Legislation”314 (who can make
recommendations to the UK Government), and
is also kept under scrutiny by the UK
Parliament mainly through the JCHR.
It should also be noted that under the Human
Rights Act 1998:
 All legislation must be interpreted and
given effect, as far as possible,
compatibly with the ECHR; where it is
not possible to do so, senior courts can
quash secondary legislation or issue a
“Declaration of Incompatibility”315 of
primary legislation. Only 2 (out of 28
(up to October 2013)) Declarations of
Incompatibility related to anti-terrorism
legislation: in one case, the UK
Parliament repealed the provisions at
issue; in the other case, the Declaration
itself was overturned by the Court of
Appeal.
 It is unlawful for a public authority to
act incompatibly with the ECHR rights,
except when acting under an Act of the
UK Parliament.
110.120 (antiterrorism
measures)
314
315
The recommendation enjoys the support of the
110.120
United Kingdom.
Continue to review
all counterterrorism legislation The UK keeps its counter-terrorism legislation
Recommendation 110.120 enjoys the support of
the UK for the reasons set out in the response of
September 2012 and in recommendation
110.119.
https://terrorismlegislationreviewer.independent.gov.uk/
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156
Reference
110.121 (antiterrorism
measures)
110.122
(diplomatic
assurances)
316
UPR
Recommendations
and ensure that it
complies with the
highest human
rights standards
(Norway)
UK position in September 2012
Update (July 2014)
110.121
Steadily review the
implementation of
its new system of
terrorism
prevention and
investigation to
ensure the
effectiveness in
practice of
safeguards against
abuse and the
deliberate targeting
of certain ethnic
groups
(Netherlands)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.121 enjoys the support of
the UK.
The new Terrorism Prevention and
Investigation Measures legislation is subject to
regular review, both by the statutory review of
terrorism legislation and through the extensive
judicial scrutiny of the use of the powers.
Deliberate targeting of certain ethnic groups
would contravene the European Convention on
Human Rights and the UK’s extensive
discrimination laws.
See the response to recommendation 110.119.
110.122
Abandon the policy
of using diplomatic
The recommendation does not enjoy the support Recommendation 110.122 does not enjoy the
of the United Kingdom.
support of the UK for the reasons given in the
response of September 2012.
under regular review through a variety of
mechanisms to ensure that they remain
necessary and proportionate. A recent example
of such a review was the review completed in
2011 of the most sensitive counter-terrorism
and security powers. This has resulted in a
number of significant changes to the powers.
The statutory reviewer of terrorism legislation
reviews the UK’s counter-terrorism legislation
on a regular basis and the UK Government
carefully considers the resulting public
recommendations.
The latest statistics on the use of “Terrorism
Prevention and Investigation Measures” (TPIM)
were provided to the UK Parliament on 12 June
2014316. One TPIM notice is in force as of 11
July 2014.
https://www.gov.uk/government/speeches/terrorism-prevention-and-investigation-measures-1-march-2014-to-31-may-2014
157
Reference
110.123 (detention
of terrorism
suspects)
317
318
UPR
Recommendations
assurances
concerning torture
and other illtreatment as a
means to avoid
exposing persons to
the risk of such
human rights
violations during
any type of
involuntary transfer
to the territory or
the custody of
another State
(Nicaragua)
UK position in September 2012
Update (July 2014)
110.123
Legislate to restrict
the detention of
terror suspects
without charge and
ensure legality of
such detention,
including through
action by the
judicial system
(Russian
Federation)
The recommendation enjoys the support of the
United Kingdom.
The UK Government believes that its primary
responsibility is to ensure the national security
of its citizens and will consider all the available
options for dealing with the threat posed by
terrorism.
The UK believes that it should be able to deport
foreign nationals who threaten national security
to countries where there are verifiable
guarantees that they will not be tortured.
The UK courts along with the European Court
of Human Rights found the use of diplomatic
assurances to be an appropriate and legal option
in safeguarding the well-being of individuals
we deport. We will not deport any individual
where there is a real risk that their human rights
will be infringed.
Information on the “Memoranda of
Understanding on Deportations with
Assurances” between the UK and other
countries (namely, Ethiopia, Jordan, Lebanon,
Morocco and Algeria) is publicly available on
the UK Government’s website317.
In November 2013318, the UK Government
asked the Independent Reviewer of Terrorism
Legislation to review the framework of the
UK’s Deportation with Assurances policy to
make recommendations on how the policy
might be strengthened or improved, with
particular emphasis on its legal aspects. The
report on this review is tentatively expected by
the end of 2014.
Recommendation 110.123 enjoys the support of
the UK.
The UK considers that the legislative
See the response to recommendation 110.81.
framework for the detention of terrorist suspects
before they are released or charged is necessary
and proportionate. It has strong statutory
judicial safeguards and is compliant with our
domestic and international legal obligations.
The UK Government has, through the
Protection of Freedoms Act 2012, reduced the
maximum period that a terrorist suspect can be
detained from 28 to 14 days. The compatibility
https://www.gov.uk/government/collections/memoranda-of-understanding-on-deportations-with-assurances
https://www.gov.uk/government/publications/independent-review-of-deportation-with-assurances-terms-of-reference
158
Reference
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Recommendations
UK position in September 2012
Update (July 2014)
of Schedule 8 of the Terrorism Act 2000 with
the ECHR was recently upheld in the Sultan
Sher319 and Colin Duffy320 court cases.
110.124 (antiterrorism
measures)
110.125 (antiterrorism
measures)
110.124
Cooperate with
United Nations and
other international
and regional
mechanisms with a
view to
guaranteeing that
the legal and
administrative
measures adopted
to combat terrorism
respect the
enjoyment of
human rights and
fundamental
freedoms
(Russian
Federation)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.124 enjoys the support of
the UK.
The UK engages fully with the UN and other
bodies in international efforts to combat
terrorism, and encourages others to do the
same. The UK is confident that our counter
terrorism legislation and practices comply with,
and often exceed, international human rights
standards. But we would, and do, engage
constructively if any international or regional
organisation expresses concerns about our
domestic legislation.
Since September 2012, the UK:
 Submitted its 7th periodic report under
the ICCPR321.
 Responded to the list of issues under the
CAT examination in 2013322, and
completed the examination process in
May 2013.
 Submitted follow up information in May
2014 under the CAT323.
 Submitted its response324 under the
ECPT to the two visits carried out in
2012.
 Extended the ECPT to the Sovereign
Base Areas of Akrotiri and Dhekelia on
Cyprus.
 Extended the OP-CAT to the Isle of
Man (at the Isle of Man’s request).
110.125
Commit to
investigating
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.125 enjoys the support of
the UK.
319
http://www.bailii.org/ew/cases/EWHC/Admin/2010/1859.html
http://www.bailii.org/nie/cases/NIHC/QB/2011/16.html
321
CCPR/C/GBR/7
322
CAT/C/GBR/Q/5Add.1
323
CAT/C/GBR/CO/5/Add.1
324
http://www.cpt.coe.int/en/states/gbr.htm
320
159
Reference
110.126 (Detainee
Inquiry)
325
UPR
Recommendations
individuals
suspected of
involvement in
terrorism-related
activities and,
where sufficient
evidence exists, to
prosecuting them in
the ordinary
criminal courts, and
in conformity with
international fair
standards
(Norway)
UK position in September 2012
Update (July 2014)
Prosecution is regarded as the fairest and most
effective way to deal with terrorists. The UK’s
Counter-Terrorism Strategy, known as
CONTEST, emphasises the importance of
seeking ways to enhance our ability o prosecute
suspected terrorists. The UK has, for example,
commenced in July 2012 the post-charge
questioning powers in the Counter-Terrorism
Act 2008 which may assist prosecutors. As for
all of the UK’s counter-terrorism powers, there
are robust safeguards to ensure that they are
only used where necessary and proportionate
and in accordance with our international human
rights obligations.
In April 2014325, the UK Government published
its annual report on the counter-terrorism
strategy, CONTEST. The report is clear that
conviction in a court is the most effective way
to stop terrorists. It is only in a very small
number of cases, where a prosecution is not
possible, that other powers established by law
(such as the “Terrorist Prevention and
Investigation Measures” or TPIM), are used to
disrupt terrorist activity. One TPIM notice is in
force as of 11 July 2014, whereas 23 people
were prosecuted for terrorism-related offences
in the year ending 31 December 2013.
110.126
Investigate all cases
of violations of
human rights in all
counter-terrorism
settings related to
lengthy secret
detentions,
extraordinary
renditions, and the
possible application
of torture against
individuals, and
bring those
responsible of such
violations to justice
(Belarus)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.126 enjoys the support of
the UK for the reasons set out in the response to
recommendations 110.67 and 110.84.
See recommendation 110.84
https://www.gov.uk/government/collections/contest
160
Reference
110.127 (detention
of terrorism
suspects)
110.128 (detention
of terrorism
suspects)
326
UPR
Recommendations
110.127
Apply, without
exception, the time
limit for detention
of persons
suspected of
terrorism stipulated
in the Protection of
Freedoms Bill,
including cases of
administrative
detention in
emergency
situations
(Switzerland)
UK position in September 2012
Update (July 2014)
110.128
Ensure that all
persons detained,
also in terrorism-
The recommendation enjoys the support of the
United Kingdom.
The recommendation does not enjoy the support Recommendation 110.127 does not enjoy the
of the United Kingdom.
support of the UK for the reasons set out in
September 2012.
The UK Government considers that its
legislative framework for the detention of
It should be noted that, in the year ending on 31
terrorist suspects before they are released or
December 2013326, all detainees in custody
charged is necessary and proportionate. It has
under s.41 Terrorism Act 2000 (to which the 14
strong statutory judicial safeguards and is
days period of pre-charge detention applies)
compliant with our domestic and international
were dealt with within 8 days, with 33%
legal obligations. The UK Government has,
detained for less than a day.
through the Protection of Freedoms Act 2012,
reduced the maximum period that a terrorist
suspect can be detained from 28 to 14 days. The
UK’s review of counter-terrorism and security
powers that reported in January 2011 found that
there may be rare cases where a longer period
of detention than 14 days may be required and
those cases may have significant repercussions
for national security. For that reason,
emergency legislation extending the period of
pre-charge detention to 28 days is available in
order to deal with an exceptional scenario when
more than 14 days is required. Parliament
would have to agree to pass the emergency
legislation before it could be used and, as for all
pre-charge detention, it would be a matter for
the courts to decide whether extended detention
was necessary and proportionate.
Recommendation 110.128 enjoys the support of
the UK for the reasons set out in the response to
recommendation 110.82.
The UK considers that the legislative
https://www.gov.uk/government/publications/operation-of-police-powers-under-the-terrorism-act-2000-quarterly-update-to-december-2013
161
Reference
110.129 (official
development
assistance)
UPR
Recommendations
related cases, have
access to legal
counsel and are
duly informed
about the charges
that are brought
against them
(Austria)
UK position in September 2012
Update (July 2014)
framework for the detention of terrorist suspects
before they are released or charged has strong
safeguards, including ensuring that suspects
have access to legal advice and that the suspect
is told what offences they are suspected of
committing. The compatibility of Schedule 8 of
the Terrorism Act 2000 with the ECHR was
recently upheld in the Sultan Sher and Colin
Duffy court cases.
On 31 July 2014, provisions contained in the
Anti-social Behaviour, Crime and Policing Act
2014 are expected to be brought into legal force,
which will ensure that those who are detained
for examination under port and border controls
contained in Schedule 7 to the Terrorism Act
2000 are able to access legal advice.
110.129
Continue its
financial
commitment to
international
development
through its overseas
development
assistance
programmes
(Trinidad and
Tobago)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.129 enjoys the support of
the UK.
The UK Government is strongly committed to
international development. We have set out
how we will meet our target of spending 0.7%
of gross national income on overseas
development assistance from December 2013 the first G8 country to do so. The UK will also
enshrine in law a duty to meet the 0.7% target
in 2013 and in each subsequent calendar year.
The 2014 UK budget327 confirmed that the UK
Government will continue to aim to spend 0.7%
of the UK’s Gross National Income (GNI) on
Official Development Assistance (ODA) in
2014. In 2012328, the ratio ODA/GNI was 0.56
(equivalent to £8,766 million). The countries
that receive UK ODA are listed on the UK
Government’s website329. In 2013, the
provisional assessment of ODA/GNI330 shows
that the UK spent 0.72% (equivalent to £11,437
million).
Scotland
The Scottish Government continue to support
international development which is evidenced
through its £9 million International
Development Fund. Since the launch of its
refreshed International Development Policy in
2008, the Scottish Government have focused its
327
In Scotland, the Scottish Government remains
committed to international development in the
form of the International Development Fund331
(IDF) whose budget was doubled from £4.5
million to £9 million between 2007 and 2012.
https://www.gov.uk/government/publications/budget-2014-documents
https://www.gov.uk/government/publications/statistics-on-international-development-2013-tables
329
http://devtracker.dfid.gov.uk/
330
https://www.gov.uk/government/publications/provisional-uk-official-development-assistance-as-a-proportion-of-gross-national-income-2013
331
http://www.scotland.gov.uk/Topics/International/int-dev
328
162
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
development programmes to be more strategic
and sustainable, and to encourage close
partnership working to meet the needs and
priorities of developing countries. All its work
across its priority countries is clearly focused
on the key objective of poverty alleviation and
the achievement of the Millennium
Development Goals and must adhere to the
principles of the Paris Declaration on Aid
Effectiveness.
In addition to what was reported in September
2012, it should be noted that the Scottish
Government focuses its funding on Scottish
NGOs to work in partnership with organisations
in the developing world on priority areas (such
as Malawi), particularly those where Scotland
has specific skills and expertise, such as
education, health and renewable energy. The
IDF is also targeted at countries that have a long
standing historical connection with Scotland.
Wales
In Wales, the Welsh Government remains
committed to the £900,000 “Wales for Africa
programme”332.
The Welsh Government, through its £900,000
Wales for Africa programme, seeks to
encourage more people in Wales to make an
increasingly effective contribution to
international development. This spending is
recorded and reported by the UK Government
as a part of official UK ODA.
110.130 (official
development
assistance)
332
110.130
Consider
contributing to the
objective of
mainstreaming the
right to
development in its
ODA programmes
and policies
(Bangladesh)
The recommendation enjoys the support of the
United Kingdom.
The UK directly supports fulfilment of the right
to development through our support on a range
of civil, political, social and economic rights –
for example, supporting millions of children
(particularly girls) through primary and
secondary school; providing people with access
to clean water and sanitation; saving lives of
children and of women in childbirth and
http://wales.gov.uk/topics/sustainabledevelopment/walesforafrica/?lang=en
163
Recommendation 110.130 enjoys the support of
the UK for the reasons set out in the response in
September 2012 and also in the response to
recommendation 110.129.
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
preventing diseases; and helping people
(particularly women) prosper through rights to
land. The UK also supports the enabling
environment in which states can realise their
obligations and enabling all citizens to claim
their rights – for example, through supporting
open and accountable government, and enabling
people to hold decision makers to account.
Scotland
See response to recommendation 110.129
Wales
See response to recommendation 110.129
110.131 (overseas
development)
110.131
Play an effective
role to
operationalize the
right to
development at the
international level
(Pakistan)
The recommendation enjoys the support of the
United Kingdom.
Recommendation 110.131 enjoys the support of
the UK.
The UK remains fully committed to supporting
development and to realising the Millennium
Development Goals. We directly support
fulfilment of human rights through 28 priority
country programmes. While recognising that
the primary responsibility for the promotion and
protection of all human rights, including the
right to development, lies with the State, we
will continue our efforts to ensure the right to
development is properly operationalised at the
international level.
The UK is one of the co-chairs of the UN “High
Level Panel on the Post 2015 Development
Agenda”, which produced a report on tackling
poverty worldwide after the target date of 2015
of the UN Millennium Development Goals.
Scotland
333
The UK Government’s “Human Rights and
Democracy Report 2013”333 summarises the
main initiatives undertaken by the UK in 2013
to promote human rights (both civil and
political rights, and economic, social and
cultural rights) overseas, which the UK consider
the building block for the progressive realisation
https://www.gov.uk/government/publications/human-rights-and-democracy-report-2013/human-rights-and-democracy-report-2013
164
Reference
UPR
Recommendations
UK position in September 2012
Update (July 2014)
of the right to development.
See response to recommendation 110.129
The UK also continues to engage with the UN
“Working Group on the Right to Development”
and with the UN “High Level Task Force on the
implementation of the right to development”.
110.132
110.132
Set up a mechanism
to carry out the
repatriation of
funds of illicit origin
and illegally
acquired assets to
their countries of
origin and to ensure
cooperation with
the requesting
states (Egypt)
The UK believes that this recommendation falls
outside the ambit of the Universal Periodic
Review, which was developed to review States’
fulfilment of their obligations under
international human rights treaties, human
rights standards and voluntary commitments on
human rights.
165
No further comments.